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Old 12.03.2007, 11:44 PM   #1
ZEROpumpkins
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Just wondering about the legality of sampling. I understand that you have to seek permission if you are a professional and making money out of it, but what if you are not selling the material which includes samples from other sources? For instance, I have sampled the drum beat from Aphex Twin's "Acrid Avid Jam Shred" in my song "Aw, Thanks Nth Pixe!" (an anagram of Thanks, Aphex Twin!) but have credited him as the creator of the beat on the page. Can this get me into any sort of trouble? If you need to hear the song as an example, it's on my Myspace Page
Thanks for your help!
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Old 12.03.2007, 11:50 PM   #2
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the person who has the rights to the song can request you to cease the use of the sound, as it's intellectual theft.

yet, it's very difficult that someone might be upset with you posting a track to myspace.
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Old 12.03.2007, 11:58 PM   #3
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But if they don't request it, then it's fine?
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Old 12.04.2007, 05:51 AM   #4
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Myspace CAN take you off of their site if they detect a sample.

I have sampled tons, but I never make it obvious, I dip the sample in effects and distort it or bury it in ways that no one will ever know what it originally was -- if you do that, then they probably won't detect it.. but if it's a very obvious sample, then yeah.. it just takes one person reporting it and they will remove your page in a heartbeat.

This DID happen to me, not because of a sample in a song but because I had an image from Dawn of the Dead someone made for me and they did all this weird glitchy shit to it and put "scissor shock" in it. Someone reported I didn't own the copyrights to the image, and they deleted me without warning a few years ago. Honestly though, I see bands sampling artists and use images they didn't own for a few years now since then so they may have lightened up.

I'd still be cautious though.
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Old 12.04.2007, 06:02 AM   #5
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Cheers. What kind of sad person reports stuff like that though?
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Old 12.04.2007, 06:33 AM   #6
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someone with nothing better to do?
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Old 12.04.2007, 06:53 AM   #7
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Sucks that they have to ruin it. Maybe is was one of the guys from Electrocutionerdz?
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Old 12.04.2007, 07:02 AM   #8
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hahaha, nah..

as a follow up to that, though, he is now NOT sending me my money, because in one of the emails i sent him i said, "one of your friends said the whole thing was a scam." And I wont' give up the name of the person who said that, so he said "no name = no money sent."

So, I just sent him an email that said it wasn't his place to withhold the money since it was MY MONEY, not his, and yada yada and I'm going to report him to the police if I don't my money by the end of 2007 (he ORIGINALLY said after that whole incident that I would get it "in 2 weeks", meaning this week). His worthlessness continues to shine through. I also told him to stop bothering emailing me (he has obsessively emailed me about 20 times in the past 2-3 weeks) because talking to criminals makes me feel kinda gross.

I'll get my money back one way or another.
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Old 12.04.2007, 07:15 AM   #9
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Did you ever catch my thread about it? Here's the pic:
 
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Old 12.04.2007, 07:22 AM   #10
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HAHAHA,

I didn't see that but it's hilarious.

I should make that my default pic..
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Old 12.04.2007, 02:32 PM   #11
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I did a show which used over 400 samples every show and we looked at getting the rights but it became a major headfuck so we ended up just going gorilla style. you have to contact the publisher of each sample and they will then negotiate with the artist management and organise a price depending on how much of the piece of music or whatever you are using is, it would have taken months and months and months to do this so we ended up just doing the show and hoping we didnt have any issues.
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Old 12.04.2007, 02:39 PM   #12
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I recently started using samples. If you keep it short and use material from a song that isn't too popular then you should be fine. Oh and you can use material from 1937 and earlier because copyrights only last 70 years. [:
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Old 12.04.2007, 02:42 PM   #13
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I read a few years ago that Beastie Boys get sued every week over Paul's Boutique. Hmm..
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Old 12.04.2007, 02:55 PM   #14
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Quote:
Originally Posted by ZEROpumpkins

that sounds awesome!
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Old 12.04.2007, 02:55 PM   #15
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look at all the samples they used.
http://en.wikipedia.org/wiki/Paul%27s_Boutique
(scroll down.)
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Old 12.04.2007, 07:27 PM   #16
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Yeah haha. I spose i'll just continue until there is an issue.
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