Sep 14, 2006 06:31 am I wouldn't, but rap music pretty much existed on that for many years tho, just rippin pieces of music.
Given todays environment, I don't think I'd risk copyright infringement...
Copyright question
Posted on Sep 14, 2006 06:29 am
stebinus
Member Since: Oct 21, 2004
Can you insert a copyrighted tune(song without its lyrics) or selected parts of it into a larger original musical work without getting a license or permission if it is used to make light of the material and not intended to be a serious cover of the song?
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Sep 14, 2006 06:31 am I wouldn't, but rap music pretty much existed on that for many years tho, just rippin pieces of music.
Given todays environment, I don't think I'd risk copyright infringement...
Sep 14, 2006 08:23 am Is it true that you can basically mail yourself the lyrics to a song and that is a way of Copyrighting it as long as you don't open it??
Sep 14, 2006 08:32 am Yeah, the poor man's copyright...I have a couple CD's in envelopes in my fire proof safe...
...and it HAS held up in court before...I say that just because every time this subject gets brought up a few people come in and laugh at it and say it'll never work.
Sep 14, 2006 09:04 am Poor man's copyright, indeed! I did some research into this, and legally speaking, as soon as you write or record something you are automatically the legal holder of the copyright for that material. Obviously, just saying, "Hey, I wrote that...see here's my rough draft!" will never hold up in court. Registering with the US Copyright office is the best way to PROVE that you hold the copyright. Of course, that costs money.
As far as your original question, I don't know...but I've been told that you may sample up to 8 seconds of a recording without infringing on copyright. I don't know if that's true or not...anybody else ever heard that?
Sep 14, 2006 12:18 pm Nope, someone famous replayed a sample of a stones tune, with a bunch of orchestra in the background. Basically, it was just the orchestra pad for about 2 seconds. But it was easily picked out as being taken from a stones song.
Stones got them to cease and desist, and probably got a bunch of money as well.
Keith was in an interview and was asked about it, to which he replied (paraphrased): "yeah, it's our work. they didn't ask, they just used it. so we sued them", or "we made them stop".
Something along that line.
Now this was a big release from a well-known band. So it's pretty hard to keep theivery out of the owner's eyes. On the small front, I doubt they'd ever find out, but it's still a risk.
I think the Metallica band wanted to copyright the F->E pulloff riff, so nobody else could ever use it. And that's only 1 second, or less.
DISCLAIMER:
of course, I could be wrong. don't take my word for it, this is just opinion =)
Sep 14, 2006 12:22 pm Oh yeah, we had a thread awhile ago regarding the poorman's copyright. The patent office states the practice is not acceptable as legal, but people do do it (heh, i said do-do), and it has stood up in court.
Caveat Emptor, I say.
I've also seen stated somewhere the same as what guitar_jim said: as soon as you write something, it's owned by you. Proving that it's your's takes more documentation, and resolve, so go accordingly.
Sep 14, 2006 12:44 pm I don't mean sampling an actual recording and inserting it into my piece. I mean just using the notes of the basic tune and playing them with my own instrument as a sort of short joke/homage/reference within the larger piece I compose.
Sep 14, 2006 01:17 pm oh, i guess that's another step away from using somebody's work.
I remember April Wine doing that on 'I like to Rock'. They put the stones 'Satisfaction' riff in with the Beatles 'Day Tripper' riff.
I don't remember any call-outs to the respective owners, though I wasn't looking for it, either.
I don't think I'd worry about it. If it's just a small segment, then it shouldn't raise any eyebrows.
(again, MHO)
Sep 14, 2006 01:48 pm there are two copyrights involved in a recorded work. One is the actual recording (which pertains if you are sampling), and one is the written work (basically the idea, think sheet music). If you are sampling, you have to clear both copyrights. If you are "covering" the same notes or riff, but recording your own version of them, then you are responsible only for clearing the second copyright. Additionally, if you are sampling, and you chop the sample up enough and rearrange it, you don't have to worry about the second copyright, but you still have to worry about the first kind. The Beasty Boys had a case like this where they used a two note sample and the original owner of the copyright said their use of it infringed on the origninal compositional copyright as well as the performance copyright. The court ruled it only infringed on the performance on not on the compositional (I'm pretty sure I'm not using the correct legal terms here).
I think there are certain exceptions when you can use copyrighted material if you are using them as a parody, but I'm not positive.
Sep 14, 2006 01:52 pm Quote:
I think there are certain exceptions when you can use copyrighted material if you are using them as a parody, but I'm not positive.
Ooo, I'd be safe, because all my work is such a joke =)
ba-da-boom
Sep 14, 2006 05:13 pm I knows there's something about fair use as parody. Was just hoping somebody here might know about it before I start spending time researching it.
Sep 14, 2006 07:00 pm Yeah, MAD t.v. uses a ton of popular music to do parodies and its pretty close to the real thing. I'm not sure that all of the original artists agreed to let the show make a fool of them and use their music but it happens. So maybe there is some kind of exception..I don't know, but it seems like its possible.
Sep 14, 2006 07:15 pm Yeah, but Coolio also gave Weird Al loads of **** for making a parody of Gangsta's Paradise (I think was the song name)...David Bowie trashed on Vanilla Ice for the Ice, Ice Baby thing...and the RIAA is now trying to rewrite what "fair use" is...
Copyright is an ugly topic right now...
Sep 15, 2006 04:48 am It sounds like people are still willing to risk it. Maybe it just depends on the sense of humor of the original owner. I guess I'm wondering if I go ahead and do it can I still put my composition up on any number of websites where I might put my material like download.music.com, cd baby or mperia and not break their rules or be putting them or myself in some kind of blatant hot water. I don't expect my stuff to get any kind of attention like Big Al or Vanilla Ice and since the matter is kind of, as you say, unresolved at present maybe that's sort of an opening for little guys like me who just want to get their stuff out there a bit. Guess I should bring it up with the sites themselves.
Sep 15, 2006 05:07 am Well here's what the Library of Congress says:
www.copyright.gov/fls/fl102.html
Sep 15, 2006 12:33 pm Without reading the last link you posted, I think you would need to get permission. However, you can also the weigh the chances of you getting caught by the offended party. I'd say it's pretty low unless you're going to put out a major release.
Sep 15, 2006 01:25 pm One thing to consider is if you are not selling said material. I have known a few people that have gotten away with putting up satirical pieces without permision. although I do not truly know if this is something that is permisable or not either.
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