Copyright question

[EvRy1~MaN]

Now I no this question has proly been asked a couple times b4 but fuck wit me real quik anyway.

Now I was readin somethin on the copyright website n it said that any works copyrighted before january 1 1978 that wasn't published isn't protected by copywrite which means people could snatch it up n shit.

Now by publishing do they mean,anythin sold in stores n shit?

N I be hearin underground mc's usin beats wit shit sampled that I KNOW they couldn't have gotten cleared n shit,so does that mean usin samples 4 mixtapes izn't punishable by law if the mixtape is nonprofit?Whut about radio play?

 

[deStructuralize]

in terms of USING copywrited material, i don't think there's a difference whether it's used in a mixtape or LP. there are other, more serious issues at play when you are making money off of the copyrighted sample, but, use without profit is still technically illegal.

in terms of those samples that couldn't have possibly been cleared, it simply means those underground producers (a) are taking the risk of getting sued, but trying to minimize the risk by using obscure material...and, (b) probably don't have enough assets such that a lawsuit from a major record label would be worth the time/money investment.

 

[bigdmakintrax]

Now I no this question has proly been asked a couple times b4 but fuck wit me real quik anyway.

Now I was readin somethin on the copyright website n it said that any works copyrighted before january 1 1978 that wasn't published isn't protected by copywrite which means people could snatch it up n shit.

Now by publishing do they mean,anythin sold in stores n shit?

N I be hearin underground mc's usin beats wit shit sampled that I KNOW they couldn't have gotten cleared n shit,so does that mean usin samples 4 mixtapes izn't punishable by law if the mixtape is nonprofit?Whut about radio play?

http://www.copyright.gov/help/faq/faq-duration.html#duration
a search will reveal like a bunch of valid links and arguments on your question but that link is right off the Gov website...not too much to explain about it after you read it tho...maybe ill needs a FAQ link for the frequently asked questions it would help out..or have I missed it?

 

[SlickVikNewman]

^^^^^^^^ True

As much as I got beat the hell up for asking questions that I could have found by searching forums, alot of the answers are just a search away.

 

[open mind]

Now I no this question has proly been asked a couple times b4 but fuck wit me real quik anyway.

Now I was readin somethin on the copyright website n it said that any works copyrighted before january 1 1978 that wasn't published isn't protected by copywrite which means people could snatch it up n shit.

Now by publishing do they mean,anythin sold in stores n shit?

N I be hearin underground mc's usin beats wit shit sampled that I KNOW they couldn't have gotten cleared n shit,so does that mean usin samples 4 mixtapes izn't punishable by law if the mixtape is nonprofit?Whut about radio play?

just layer your sample with some other instruments and there u have YOUR new sample.but make it so that nobody can recognize it to be on the save side.

 

[BeatAssassin]

Man, they got folk at these label that make a living just listen for a song with a sample. You can't just cover up the sample with instruments. You need to chop it up play it backward, filter it, process it. If you're doing a mix tape then use the sample cause you may not generate enough revenue for a company to come after you. Now, if you blow up an your shit is on the radio you mite get tap for a couple grand. Check out this article it has most of the law suit file against rappers or those who choose not to clear samples.

Lesson: Think about back in the dayz they only sample short pieces of tracks and got them off off several different records. Today, producer like myself and other sample a bar or two. Maybe even a intro and use that as the bed of our track. So they're just waiting for us to come out with that shit. That why many of these old artist or publisher are getting rich. Charging more for clearing samples.

http://www.illegal-art.org/audio/liner.html

 

[N.Y.S.O.M.]

lets say if I wanted to clear a sample from a horror movie is the a website or something I could check I bought this break record of horror themes and anotha breack record for video games

 

[Relic]

You know I got some soundfx cd's and I actually went to the the site and the emaill of the guy you were suppose to contact if you were gonna use them , and they were out of business or somthing , cuz it was lookin REAL raggedy and they never got back with me.In that case ? Ima use that shit...But always be worrying about it tho..Kept the documenatation detailing my efforts and all that.

 

[N.Y.S.O.M.]

You know I got some soundfx cd's and I actually went to the the site and the emaill of the guy you were suppose to contact if you were gonna use them , and they were out of business or somthing , cuz it was lookin REAL raggedy and they never got back with me.In that case ? Ima use that shit...But always be worrying about it tho..Kept the documenatation detailing my efforts and all that.

I think the info is on the cover of the record actually dude had a myspace page imma email him n see how much he charge for clearance but the horror theme I don't kno