If I have a loop from Deck A and I’m playing it along with Deck B and I’m jumping around in it and mashing it up and having a great time. & on Deck C I throw in an acapella from a local rapper in my hometown. It’s all original verses and I think he sells his CD’s and stuff now. He was performing at the opening of a new night club and yada yada yada.
What I’m wondering is - is where do the copyright laws get drawn for mash-ups?
I don’t know that I’d really care about “selling” this track - but if he wanted to would there be issues surrounding that?
Sorry if this had been posted already. (It’s real early in the a.m. and I’m behind in time!) Thanks ya’ll.
you should be ok giving the track away if its pretty low key.
if you do decide to sell it you are best off getting signed to a small record lable that have dealt with artists using samples before as they will have the ability to deal with the legal issues involving the samples
if you get a ceas and desist letter just comply with it. I know its a bit shit but thewre is no point argueing it
Is tricky,
each artist’s work has contributed to the final creative outcome, therefore they are due a slice of the profits. the label should work this out and divide the rev share between everyone.
However, if you change the sample so it is unrecognisable, you have done the work and it is now your own work and you don’t owe anyone anything.
It’s just a grey area to define if a sample is ‘unrecognisable’
there was a thread a while back (dont ask me which one, i’d link it if i remembered!) and in part of the thread someone gave a link to a company that specialise in sample clearance for a fee…
As the law stands according to the berne argreement. All samples even if they are unrecognisable should be cleared. Yes if the amen break situation went to caught alot of people would owe them money. I am pretty sure one of the big lables tried to steal this and copyright it for themselfs. The caught case fell though because they had stolen it
you think people on torrent sites steal music they will never be able to steal as much as the record companies. Few cases ever make it to court however as a small artist without a big lable behind u with shister lawyers, they will shut u down. if your not selling it, its normally a letter. They might like wat they hear and sign u aswell u never know
So generally speaking - if I’m not making money off of it (ie: free downloads)… then a letter at the most and I’d just have to comply and take the track down. etc…
I didn’t plan on having it for sale because I’m still new, … but I just wanted to get a good idea!
Yea that is generally the way they go about things. there are laws on fair use so when it is for free mashups aint too much bother and record companies dont bother.
thanks Mr. jojo… i knew the tread title in a roundabout way after posting, tried searching for it but my internet connection was bogged down trying to upload the last bits of a 1.7 gig file for ESPN. it got there in the end… (had to split it into 34 rar parts of 50mb each - and upload them one by one because they kept failing.. yes we have EXTREMELY bad internet here in Aus)
… but I just wanted to get a good idea!