Kick ass!
You're approaching your 5,000th post. I forget what the gift giving tradition is on that one. Is it the gold plated Ableton spork?
Using Amen Samples - Copyright Infringement or not?
so all the drum&bass records that came out in the past 20 years with the amen break in. all them have payed a licence fee? I find that VERY hard to believe.
you could say d&b is underground. but it sure as hell isn't in the UK.
also, with allof of sample cd's the amen break is included. so if you own the sample cd you are allowed to use it without paying a fee right?
you could say d&b is underground. but it sure as hell isn't in the UK.
also, with allof of sample cd's the amen break is included. so if you own the sample cd you are allowed to use it without paying a fee right?
check out the video I posted...it tackles this very question...izniezot wrote:so all the drum&bass records that came out in the past 20 years with the amen break in. all them have payed a licence fee? I find that VERY hard to believe.
you could say d&b is underground. but it sure as hell isn't in the UK.
also, with allof of sample cd's the amen break is included. so if you own the sample cd you are allowed to use it without paying a fee right?
my suggestion as an attorney is always going to be that you get the proper licenses for your samples...what you choose to do is up to you, and how you deal with the repercussions of your decisions may or may not lead to more business for me
Ok, here's the story I got from Kid Koala...
Friend of his got a track licensed for a promo CD for some car company...contract was for something like $250,000 for the track.
The track used a very obscure sample from a very obscure 70's funk band, and they weren't able to track down the copyright owner. The track got licensed for the CD, the copyright owner shows up and the guy gets sued and the $250,000 goes to the copyright owner.
Friend of his got a track licensed for a promo CD for some car company...contract was for something like $250,000 for the track.
The track used a very obscure sample from a very obscure 70's funk band, and they weren't able to track down the copyright owner. The track got licensed for the CD, the copyright owner shows up and the guy gets sued and the $250,000 goes to the copyright owner.
Wow, talk about the worst advice ever. Sorry, not making a personal attack, but this really is the worst advice EVER. Use at your own peril. Good luck.elemental wrote:LOL!!!
Just use it man, if you get a shitload of money for it and you feel you should give em something then I'm sure they will be happy - but really, I think you'll be ok.
also +1 on Ethios4
indeed, just so bad it is comical.nebulae wrote:Wow, talk about the worst advice ever. Sorry, not making a personal attack, but this really is the worst advice EVER. Use at your own peril. Good luck.elemental wrote:LOL!!!
Just use it man, if you get a shitload of money for it and you feel you should give em something then I'm sure they will be happy - but really, I think you'll be ok.
also +1 on Ethios4
I can imagine it: 2008, an office somewhere
DA DJ Dude "hey man I made a shitload of money with my music and I used your sample, so here's 10 k because I'm nice"
Copyright Lawyer: "bend him over the table and tell the gimp to come in, pass me that ground glass"
DA DJ Dude " whaaa, but some guy on a forum said the copyright law world was populated by love elves and magic pixies, who could possibly know it was populated by predatory robot sharks who hate all of humanity?
hey ... where did my pants go!"
RE: Ethios /Kid koala story - I'd say that was the common outcome, from my experience. In fact as I said earlier - my friend used 2 samples from different sources so he had to pay out £2 for every £1 he got from sales.
doing a backstreet junglist whitelabel for 15 DJs is not the same as doing a 'name' release or an advert.
I can use james brown samples all night long at my friends party, but If I try and use them on an a TV advert for Ford?
Mr big, in the showers, with the ground glass.
+1 one the legal end of things...in the united states any sample from a copyrighted performance - no matter how small - is technically illegal. but how do you feel morally? i use samples all the time in my own music, but when i'm making ads for the man i don't use any. you're taking something that was created as art and using it to sell something.
and regarding the origins of the break...its a gospel tune that curtis mayfield appropriated and put on record. the winstons version credits mayfield as the writer, and i'm reasonably certain that he produced it and is at least partial owner of the record label that released it (i could be wrong on this though). mayfield is pretty much the top of the heap when it comes to musical/artistic/moral integrity so irregardless of the legal question you should feel bad for taking something mayfield related and sticking it in a commercial.
and regarding the origins of the break...its a gospel tune that curtis mayfield appropriated and put on record. the winstons version credits mayfield as the writer, and i'm reasonably certain that he produced it and is at least partial owner of the record label that released it (i could be wrong on this though). mayfield is pretty much the top of the heap when it comes to musical/artistic/moral integrity so irregardless of the legal question you should feel bad for taking something mayfield related and sticking it in a commercial.