I dont know if this is off topic but if there is anyone particularly knowledgable in patent information or copyrights I was wondering a few things. With samples, where does it cross the line into copyright infringement? Does it have to be a recognizable clip, maybe a measure or two, or can it even be one chord, or word sung from the song? I know its better to be safe anyway and get permission, but a lot of people I know are straight scared of using samples for fear of violating this law and no one Ive talked to seems to be in the same position about it. Thanks
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Last edited by The Whistler on Thu Feb 14, 2008 8:35 pm; edited 1 time in total

When a copyright is on the sample/song/movie theme etc.

I Think it is illegal to sample it without talking to th Autor.

Then it would be illegal to chop drums and synth from a song too? Not entire patterns?
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Last edited by The Whistler on Thu Feb 14, 2008 8:35 pm; edited 1 time in total

Technically it's illegal to chop individual drums because it would not be your original work. You would be taking sounds produced by other people (though they are small sounds) and rearranging them. But most of the time this is what people do and they can get away with it because it's very hard to identify where a specific kick, snare, hihat drum came from, unless it's a very unique one.

So i think you're pretty safe taking individual drums. no one is gonna know where you got some clap sound. everyone uses clap sounds. and after you add effects to it, it's going to sound different.

drum loops, basslines, vocal lines, a recognizable word from a song, etc on the other hand are more recognizable. thus, the artist is more likely to find out and come after you.

So youre saying as long as they cant tell or they dont give a shit its cool.
That sounds reasonable I guess but its still probably a good idea to get permission, right?
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Last edited by The Whistler on Thu Feb 14, 2008 8:35 pm; edited 1 time in total

most definitely, that's the best choice. a lot of people, not just music producers, but film makers, writers, etc find themselves in tradeoff situation on whether to get permission or not on small things.

getting permission for everything involved in a complex piece takes a lot of effort and time, as it is sometimes hard to even find out who to get permission from and its even harder to get a reply from them. if you are putting together a track that uses samples from 20+ people, it'll take you a long ass time to find those artists, not to mention get their permission.

I'm answering assuming the viewpoint that you are sampling pretty mainstream songs since you said you wanted to take words sung on a verse. But if you meant just sampling from people from the online community, it might be easier to find them and contact them. but then again, how do you know they got permission for what THEY sampled on that track.

from what ive heard you can sample 10 sec of a song with out getting into any legal trouble.

well 10 seconds can be a complete loop.
if you can sample 10 seconds..
you could sample almost every hit.

it seems these days if you don't become rich off of it, most producers wont even bother to investigate it. jus have fun, worry about the copyright stuff only if u plan on making money off of it

Does any 1 know how i would go about getting one of my own works of art copyrighted? Where do i go and if i did use some samples n want to get cleared how would i get a hold of that person? Im a no body, they wouldnt wanna talk to me!!

its illegal to copyright unless u get a mechanical license and pay them a one time royalty for the sample

This I know for a fact: In the US you can sample any work that's over 80 years old. In Denmark (where I'm from) it's 60 years. But the most sampled genres in hiphop is still 60's and 70's soul and R&B, so it'll take some years before those genres get legal - of course unless you clear your samples.

But I think personally for any underground release, sample clearence isn't necessary.

I also once heard about a 4 second rule. But I'm not sure about that one. I am however pretty sure that a 10 second rule doesn't exist.
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its stupid how old washed up artists sue people for samplin a song no one even likes anymore. if your shits gettin played on an elevator and somebody samples it in they song its like rebirthin the song so it aint even a bad thing

for an example,if you sample a kick drum from Scott Storch's "Make It Rain",do you really think he'd try to find you and sue you for a single drum kick? The big dudes like him shit money and i don't think they'd care if you take the whole instrumental.
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HERE IS THE FACTS

YOU NEED TO GO TO THE LOCAL LIBRARY AND FIND A BOOK ON MUSIC INDUSTRY LAW..

FIRST OFF THERE IS NO LAW OR RULE IN WHICH YOU CAN SAMPLE AND RE-RELEASE A BEAT SOUND SAMPLE OR RHYTHM..

WHEN YOU COPYRIGHT YOUR WORKS/ SEND IT TO ASCAP . OR BMI

THEY WILL RUN THE TRACK THROUGH A COMPUTER THAT ANALYSIS WAVE FORMS. THEY CAN TELL ONLY WHEN USING KNOWN RIFFS OR VOCALS. WHICH YOU SHOULD NEVER IMPLEMENT AND THEN DISTRIBUTE. BUT UNDER GROUNDING FOR PROMO ONLY THERE IS ABSOLUTELY NOTHING ANY ARTIST CAN DO EVEN IF HE IS THERE LISTENING TO IT..

INDIVIDUAL DRUMZ--LEFT ORIGINAL AND MANIPULATED ARE UNUSEABLE UNLESS . YOU BUY THEM ROYALTY FREE..DREAMENDOUS DRUMZ FORM MODERN-BEATZ EXAPMLE ARE ALL COPYRIGHT FREE AS LONG AS YOU PAID FOR THE DRUM KIT FROM THEIR SITE -- ONLY KNOW THESE THINGS CAUSE 11 YEARS OF DEALING WITH IT.. BEST MUSIC SERVICES TO USE.....

CD BABY.COM CLUB FLIERS.COM BMI ASCAP NATIONAL REGISTRY OFFICE FOR COPYRIGHT AND PATENT