In Italy they still have laws, dating from the Mussolini era, charging € 10.000,- for playing soccer on the beach... They can't be used as an example.computo wrote:yo, labels should be scared, they are the ones who retain the masters, so THEY are the ones who will be sued first, then THEY will sue YOU, for breach of contract!
I did give you an example, the Marx brothers.
AS far as a small label, I am NOT a lawyer, and I do NOT keep up with current precendent, HOWEVER, Im sure you all are familiar with the tale of the Italian DJ who was arrested for DJing with all illegal mp3s. he didnt even use those samples on recordings, they didnt go after his label, they went for him.
Like I said, watch your ass...Its nothing nasty, Just dont be lured into a false sense of security by someone with little to no knowledge on the subject. Its not what they've done, but what they CAN do. Regulation is a bitch.
Cd samples and royalties HELP
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If the question was, "will I be arrested if I was a famous italian DJ using illeagal Mp3s", then my response would be very different to this post. This man was made an expample of, crucified by the record companies if you will.computo wrote: Italian DJ who was arrested for DJing with all illegal mp3s. he didnt even use those samples on recordings, they didnt go after his label, they went for him.
This is apples and butter, Similar? Yes. The same situation? No.
There are litterly hundreds of thousands of records using samples that were not previously cleared by recording companies/intellectual property rights owners. What u are talking about is large scale media. What he's talking about is a few tracks put together in a bedroom by a person using store bought sample packs to sell probably less than 1000 units (probably press 500, release about 400). Record companies just don't care unless you make it big. There is no record company going to say, "hey lets spend twenty thousand or thirty thousand dollars to send a guy in nebraska to jail for six months" Also the more people they put in jail/sue, the more chance their rulings will go up the US court appellet(sp) system, and be overturned by a higher court. If record companies friviously start sending people to jail sooner or later someone is going to say "this isn't right". So record companies don't persue the little guys, just the guys who make it big, like Norman Cook, who has lost royalties, but never been to jail for sampling (to my knowledge).
All in all though you are right, be safe; don't use samples you don't have a TOU for. And most of all use common sense, If you are getting a name for yourself, don't mess it up by doing something that someone can make an example of you for.
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How can you prevent something you already did? If this doesnt make you a dumbass what will?SethAbare wrote:most of all use common sense, If you are getting a name for yourself, don't mess it up by doing something that someone can make an example of you for.
If you are "getting a name for yourself" sometime in the future, you arent going to be able to go back and undo the copyright infringement of your past. Make your own samples.
computo wrote:rather than listen to someone who obviously has NO experience researching this topic, like chris, you can listen to me, a college graduate, who has researched this far beyond reading the actual law. In case study, if you knowingly and willfully breach the copyright of a work, you can legally be jailed, and you could be liable for any money you MIGHT have MADE from the sales of said copywritten material...SO even if those recording dont sell, the money you COULD have made can be collected.
I suggest you think twice before sluffing off responsibility in this category.
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leisuremuffin
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