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Kayin New Member
United States
52 posts Joined: May, 2009
Posted - 2012/01/31 : 05:20:39
I have a few questions about samples and this and that so here:
1. Lets say I bought a midi pack from Dance MIDI Samples (DMS) and make a use using half, or all of one of the midis they give you, you can't make a track from it and say, "This is mine, I'm selling it?" Also, those come with .wav samples of kicks, snares, etc. Making a track using those .wav samples would be illegal, correct?
2. Using a sample from a person who makes them, such as a sweeping up or down, it would be illegal to use that as well right?
3. There's a kick pattern that I've grown to like and want to use it from a song. Its unique, well compared to other tracks, and once you hear it you immediately think of the song it came from. Would it also be considered illegal to use that kick pattern in my own track right? Or are kick patterns not able to be copyrighted?
Sorry if this was already posted, but I did a search on the forums and couldn't find anything.
__________________________________
Cheeky banter between Jimmy and the lady behind the plexiglass:
Woman: Saw you on TV Friday night.
Jimmy Carr: Di-did you, what did you think?
W: Well it's clearly no match for Jonathan Ross.
J: Well that's interesting because I f*cked your mom.
1. Lets say I bought a midi pack from Dance MIDI Samples (DMS) and make a use using half, or all of one of the midis they give you, you can't make a track from it and say, "This is mine, I'm selling it?" Also, those come with .wav samples of kicks, snares, etc. Making a track using those .wav samples would be illegal, correct?
Depends on the license from the people that make the pack, but generally the "ownership" of the midi would belong to the company releasing it so therefore no one else could claim ownership except the company that made the midi pack. The midi pack company would give everyone that uses the pack unlimited open rights so you dont have to pay them a royality after you have purchased the pack. BUT be very careful, there are some companies that actually give music away for free or call it "royalty free" but if you read the fine print they claim the publishing rights to it. Meaning it is only "sales royalty free"
quote:
2. Using a sample from a person who makes them, such as a sweeping up or down, it would be illegal to use that as well right?
No not illegal, see above. Only issue would be is IF they could prove you sampled their song (that used the same sample) because they would would own the copyright to it, but would be extremely hard to prove it you sampled the entire sample without anything else.
quote:
3. There's a kick pattern that I've grown to like and want to use it from a song. Its unique, well compared to other tracks, and once you hear it you immediately think of the song it came from. Would it also be considered illegal to use that kick pattern in my own track right? Or are kick patterns not able to be copyrighted?
Not if you recreated it without sampling the original, because you just admitted you took that idea from someone else at least in part your song would be a cover song. But because your song might be sold based on that part of the song the publisher would want the entire publishing rights, you (unless a more famous artist) are in no position to argue that. Plus the money you are going to earn over it might just be too small to even go into legal debate. If you want to stay 100% legal, assign all publishing rights of the song to the original artist and you don't even have to do any paperwork.
Kayin New Member
United States
52 posts Joined: May, 2009
Posted - 2012/01/31 : 22:30:26
Thanks for the quick reply, silver.
I don't see any fine print or anything like that from DMS but I'll keep everything you've told me in mind. Also, I know there's a bunch of copyrights out there, but what type of copyright should I get for a song I plan to release thats free and one thats for sale?
Last question hehe: Lets say I remix a song (not available for download) from a band, releasing it as "artist-name(my remix)" is okay, or will I still have to contact them beforehand?
__________________________________
Cheeky banter between Jimmy and the lady behind the plexiglass:
Woman: Saw you on TV Friday night.
Jimmy Carr: Di-did you, what did you think?
W: Well it's clearly no match for Jonathan Ross.
J: Well that's interesting because I f*cked your mom.
Karthy Senior Member
United Kingdom
337 posts Joined: Jun, 2011
Posted - 2012/02/01 : 03:01:26
quote:Originally posted by Kayin:
Thanks for the quick reply, silver.
I don't see any fine print or anything like that from DMS but I'll keep everything you've told me in mind. Also, I know there's a bunch of copyrights out there, but what type of copyright should I get for a song I plan to release thats free and one thats for sale?
Last question hehe: Lets say I remix a song (not available for download) from a band, releasing it as "artist-name(my remix)" is okay, or will I still have to contact them beforehand?
From what I know, as long as you're not making anything major out of it, and it's not getting ALOT of listens they probably wouldn't hassle you about it either way. If you're not a big artist that's well known you probably won't even need to worry about copyright, especially with hardcore. It's such a small scene no bands or anything give it much bother because they most likely aren't going to hear the remixes anyway.
However if you do make it big whatever you've released in the past could come and bite you on the arse, but I could be wrong! :)
quote:Originally posted by Kayin:
Thanks for the quick reply, silver.
I don't see any fine print or anything like that from DMS but I'll keep everything you've told me in mind. Also, I know there's a bunch of copyrights out there, but what type of copyright should I get for a song I plan to release thats free and one thats for sale?
There is really only one copyright, it's not a word, it is a meaning "copyright = the right to copy"... so once you create the song there is automatic copyright on it to you.
quote:
Last question hehe: Lets say I remix a song (not available for download) from a band, releasing it as "artist-name(my remix)" is okay, or will I still have to contact them beforehand?
This is not legal advice, but there is law and there is what happens in the real world. The scene is small so really no one takes notice... but by law if you remix ANY tune without the artist permission you are doing three things wrong:
1. Illegally distributing a song without permission.
2. Defaming the artist.
3. Profiting from the original artist.
Let me break that down.
1. Remixing a song without permission and releasing it for free is EXACTLY the same as illegally sharing the original song. Just because you remixed it doesn't make it your song or your copyright. The song belongs 100% to the original artist and even if you remix for free doesn't mean you are allowed to.
2. Less likely to happen, but the artist can take "offence" to your remix or the track might defame them in some way that would make them want to sue you etc...
3. Even if you release the song for free you are getting promotion from the original artist's name / work. You can't promote yourself on other people back / work.
Suggestions to stay legal:
1. Make a cover version, don't use the original artists name as the artist but credit them in the fine print and as the publisher. You wont get the publishing money but it's not a big deal considering this is a "remix". Make sure you have NOT used any samples from the original song.
2. Ask to do the remix, be prepared for them to say "no" or even not reply to you. Unless you have a "yes" in writing or email it is automatically a "no".
Kayin New Member
United States
52 posts Joined: May, 2009
Posted - 2012/02/01 : 17:27:33
Thanks Karthy & silver!
I don't want to have someone sue me, hehe wont look too good for job applications.
__________________________________
Cheeky banter between Jimmy and the lady behind the plexiglass:
Woman: Saw you on TV Friday night.
Jimmy Carr: Di-did you, what did you think?
W: Well it's clearly no match for Jonathan Ross.
J: Well that's interesting because I f*cked your mom.
cruelcore1 Advanced Member
Croatia (Hrvatska)
1,485 posts Joined: May, 2010
Posted - 2012/02/02 : 18:14:50
quote:Originally posted by silver:
1. Make a cover version, don't use the original artists name as the artist but credit them in the fine print and as the publisher. You wont get the publishing money but it's not a big deal considering this is a "remix". Make sure you have NOT used any samples from the original song.
I thought it'd be more wrong not to credit original artist. So is using artist's name as original artist, without permission, with writing it's your remix another illegal element?
quote:Originally posted by silver:
1. Make a cover version, don't use the original artists name as the artist but credit them in the fine print and as the publisher. You wont get the publishing money but it's not a big deal considering this is a "remix". Make sure you have NOT used any samples from the original song.
I thought it'd be more wrong not to credit original artist. So is using artist's name as original artist, without permission, with writing it's your remix another illegal element?
You are confusing cover version with remix. If you DO NOT make a cover version and you make a remix (official or not) you must use the original artists name.
eg.
Cover version, 100% re-sung, all new backing, different artist and even different name of the song but the publishing is exactly the same as the original song. THIS IS NOT A REMIX because we did not sample or use any part of the original song.
cruelcore1 Advanced Member
Croatia (Hrvatska)
1,485 posts Joined: May, 2010
Posted - 2012/02/03 : 15:48:49
So is publishing a cover song safe? Or does it require permission too? Also, if I want to credit original artist, will anyone be angry if I write: original artist - title (myself Cover) ?
I also saw many artists making a cover writing its a remix.
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Posted - 2012/01/31 : 05:20:39
