Hey Guys, Just a quick question about the legal side of remixing…
I am currently working on a re-mix for practice since im pretty new to this, but say I wanted to share the remix with my friends on soundcloud (public track), could I get in trouble for this?
Secondly, do you need permission to remix a track (even it is only the main riff that has been used) if you ever plan to approach labels with it? or is it open to anyone?
And how would you go about getting permission?
Sorry for the Noobness!!!
Thanks.
technically its a breach of copyright… but in reality the chances of someone doing anything unless you are selling lots of copys of their tune are slim.
initially someone would probably ask you to remove the track
Ok thanks Phil, I was also wondering how you go about getting “permission” to remix a track?
Thanks
I used to have an agent who got me them… i aslo got them direct from labels normally ones id put track out through.
you could put together a showreel and fire them off an email… can do any harm.
This is more or less what I do as my day job - for my sins I’m an intellectual property lawyer. Basically, if the sample is recogniseable or long (or both) then it’s likely to be considered “a substantial reproduction” and technically you will be infringing copyright.
The problem is once you know that you will be infringing copyright you become what is know as flagrant infringer, and that means you may become liable exemplary damages (ie damages well in excess of any loss you cause the record label / original artist) and be committing a criminal offence, for which you may be sentensed to hard time.
However, sampling and house go hand in hand, and modern electronic music would be nothing without sampling - it’s a fine fine line! A good example is American Beauty by Jakata (aka Joey Negro). He wrote the track then got clearance from the original label and then released the track. It cost him 85% of his royalties to clear the sample, but apparently it was still the most he has made from a track - can’t remember where I heard that, but it goes to show.
Up until the point where you publish your remix, most people will tell you that you can rely on the self-study exception to copyright - this really depends on your intention, so it may or may not apply. In any case, once you put it on the net and its attached to any identifier that can come back to you then who knows what might happen…
My 2 cents.
Multifader…
[quote]multifader (23/08/2010)[hr]This is more or less what I do as my day job - for my sins I’m an intellectual property lawyer. Basically, if the sample is recogniseable or long (or both) then it’s likely to be considered “a substantial reproduction” and technically you will be infringing copyright.
The problem is once you know that you will be infringing copyright you become what is know as flagrant infringer, and that means you may become liable exemplary damages (ie damages well in excess of any loss you cause the record label / original artist) and be committing a criminal offence, for which you may be sentensed to hard time.
However, sampling and house go hand in hand, and modern electronic music would be nothing without sampling - it’s a fine fine line! A good example is American Beauty by Jakata (aka Joey Negro). He wrote the track then got clearance from the original label and then released the track. It cost him 85% of his royalties to clear the sample, but apparently it was still the most he has made from a track - can’t remember where I heard that, but it goes to show.
Up until the point where you publish your remix, most people will tell you that you can rely on the self-study exception to copyright - this really depends on your intention, so it may or may not apply. In any case, once you put it on the net and its attached to any identifier that can come back to you then who knows what might happen…
My 2 cents.
Multifader…[/quote]
Interesting, I’ve just done a remix using an acappella but I figure if I only send it to label who hold the right to the original then I should be ok… I hope, and hopefully they will release it…
If not anyone know where I would stand in taking it to other labels?
Depends where you got the acapella from and under what terms - for example beatport has its own user terms etc etc.
If you got it from a CD there is probably an all rights reserved notice on the CD, though in my view (given the state of the music business) arguably there is an implied licence to use the acapella. I doubt that this would extend to a full commercial release.
Most labels won’t release a track unless you indemnify them against any down stream liability. Even with that protection you will be (I’m sure) representing to them in your contract that there are no uncleared samples. To my mind, effectively lying to the label is not a very good way to start a business relationship.
PM me with the details if you want a quick and dirty opinion.
M.
[quote]multifader (24/08/2010)[hr]Depends where you got the acapella from and under what terms - for example beatport has its own user terms etc etc.
If you got it from a CD there is probably an all rights reserved notice on the CD, though in my view (given the state of the music business) arguably there is an implied licence to use the acapella. I doubt that this would extend to a full commercial release.
Most labels won’t release a track unless you indemnify them against any down stream liability. Even with that protection you will be (I’m sure) representing to them in your contract that there are no uncleared samples. To my mind, effectively lying to the labelis not a very good way to start a business relationship.
PM me with the details if you want a quick and dirty opinion.
M.[/quote]
lol, yeah didnt plan on lying to any labels! I think I got the sample from http://www.acapellas4u.co.uk so I have no idea about the rights! Anyway I’ve sent it to armada as I think they will have the right for the original. Long shout but worth a try I guess!