copyright laws and uncopyrighted music...

Posted on

Member Since: Jan 26, 2003

ay yo, i was just wonder what the deal is with copyright laws when it comes to sampling? is it a violation? where can i find a list of or actual uncopyrighted music or music that is no longer copyrighted (like 40s stuff)? thanx

[ Back to Top ]


Contributor
Since: Sep 09, 2002


Jan 26, 2003 11:57 pm

yeah, it can be *really* risky. depends on exactly what you're looking for. a good general rule is: when in doubt, leave it out.

if you're just looking for drumloops and individual drum and synth hits and stuff, there's plenty of free samples out there on the net to find. goto google.com and try searching on "free drumloops" or "free drum samples" etc. alot of times a website will have a disclaimer stating that the samples are copyrightten by them but that you can use them in your music or something to that effect.

i've gotten big into just compiling my own samples from totally original source material. that way you can't wrong.

hope i can help. -j

Member
Since: Dec 16, 2002


Jan 27, 2003 10:09 am

Depends what you want to do with your music. If you just want to sample it for your own amusement and listen to your stuff at home, then I don't think you'll get into trouble. If you start putting your stuff on MP3.com for example and you've sampled another artists copyrighted track, then you may get hassle.

If you are a signed artist you record company would normaly come to some arrangement with the copyright owner so that you can go ahead and use it (asuming the owner agrees).

I think as a rule, unless you're making some money out of it noone will bother persuing you, although you may be technicaly breaking the law.

Czar of Midi
Administrator
Since: Apr 04, 2002


Jan 27, 2003 04:06 pm

Also something to consider. The jury is still out on the fact that if you hack a sample up and it is not readily recognized as being from a certain tune it is legal to use it. I know several mixer's who are firm beleiver's in this theory. they figure that by the time they get it itno the mix, it is uterlly unrecognizable and that make's it OK. I personally would rather pay the license fee and not risk jail or a large monetary penalty.

Member
Since: Jan 08, 2003


Jan 27, 2003 04:10 pm

There is nothing such as 'uncopyrighted music'. All musical works are protected under copyright law the instant they are created.

Materials cannot be sampled/copied in whole or in part, nor sampled and modified without permission from the copyright owner, unless very specific criteria is met, such as certain educational uses, and parody of certain forms.

Materials 'can' become part of the public domain, meaning you don't need to get permission because the owner is dead (I believe it's at least 30 years they have to be dead), or that the copyright owner chose to sacrifice their rights and place it in the public domain, etc..

This does not purely pertain to musical recordings either. Live performances are also covered by the same laws.

These laws are also international.

Most DJ's and mixers opt. for blanket licensing to gain this 'permission' or performance rights to use samples or perform cover songs, etc.. Such blanket licensing can be arranged with companies such as ASCAP, BMI, SEPSAC, etc.. Such companies cover a wide range of artists, major label, and independent alike. You can check the catalogue of works they cover usually online.

W.

Chief Cook and Bottle Washer
Member
Since: May 10, 2002


Jan 28, 2003 01:15 pm

I love to hate these threads on law. Been doing a lot of poking around and the law is a mess! No two people, or legislators, or enforcers have the same opinion. They just pushed music from 25 years to 75 years. The copyrights are usually transfered as property after death. I know the young lady owns haleys comet. Her grandfather discovered it and gave her the rights as a gift pre mortom. How many notes in succession define a signature sound? Most everything created builds on past knowledge somehow. At what point does modification denote new? This has been a battle for the ages. Patten rightes etc. Historicaly, it is the ones that fight and win the patent laws right or wrong that go home with the bucks. If you are little you are not worth sueing. Costs too much and no benifit to be had. If you stumble on something that does generate money chances are someone will try to take it from you. Hence ensuing legal battle! It's a fine line to be creative and still CYA. At the moment the web has put a real spotlight on music law. A lot of folks are finding profit in making and enforcing law, so it is a time to be carefull. Get a licence, pay the extortionists, and if you start making money, keep a reserve for those lovely lawyers.

Czar of Midi
Administrator
Since: Apr 04, 2002


Jan 28, 2003 09:26 pm

GO Walt GO.

Chief Cook and Bottle Washer
Member
Since: May 10, 2002


Jan 28, 2003 10:26 pm

Sorry bout that.

I love music and yes I want us musicians to eat well. It's hard to play well on an empty stomech. The gyrations we go through to "govern" are just obsurd.

Czar of Midi
Administrator
Since: Apr 04, 2002


Jan 29, 2003 09:19 pm

No need for sorry's here. You hit it on the head so to speak. Beside's, I gleen so many good quote's when you go off like that!!! :-)

Member
Since: Jan 26, 2003


Jan 29, 2003 10:51 pm

business isn't exactly my highschool major right now...haha...tellme what exactly is the deal with liscence and blank liscence, how do they work?

Member
Since: Oct 25, 2002


Feb 03, 2003 06:47 pm

As someone mentioned above - I think it's pretty good practice (if you wanna use samples) to f*ck them up beyond recognition... of course, this only works in certain genres.

Usually, the sounds you get from really twisted samples are more interesting anyway.

Contributor
Since: Sep 09, 2002


Feb 03, 2003 08:12 pm

technically those twisted and unrecognizable samples are still illegal, but how can you sue if you can't prove where they came from. I've experimented a bit with pitchshifting and distorting existing material and it works.

hey, IDQ! what's up, havn't seen you around here lately. Be sure to stop in and post when Magnetic Or Mosaic complete's another track. I anxiously await your next release!

Related Forum Topics:



If you would like to participate in the forum discussions, feel free to register for your free membership.