Is Sampling Off An Old Vinyl Legal?

There is A difference between Sampling and Looping .........

Recognizable and Unrecognizable/Unedited

and this is the fine line between

A Law Suit or Not In many cases


ONE

What if you sampled a Will Smith CD, and it was completely obvious. Can they sue you if you freely distribute your music, and not SELL it? What if the joints were hot, and clubs were playin' the shit, but you still weren't selling the music?

if its for promotioanl purpesis then NO they can't sue you, but if the clubs playing it they'll need to pay rolaty fees, in theroy the club can realy only be playing it as a promotion at a promotional party, if its just another club night and Will smith just happens to be at the club I'm sure he'd be pointing his body guards in your direction .. make sure its Promotion all the way though and your safe.. but as soon as you start making money Wills gonna want his share..

Clubs Have To Pay Some Kind Of A Mechanical Fee To For Example(Harry Fox) etc.


If You Give it Away For Free they Cannot Sue you But What has been Done in Some Cases is issue You what is called a "Cease and Desist" order which means that you cannot even give it away...

Crazy HuH.

the rules just changed a bit...

http://www.technicianonline.com/story.php?id=010041

Not sure if anyone touched on this but there are a few different kinds of copyrights.

1. Performance Rights
2. Writing (not sure if that's the actual name but it's the person who owns the actual sample)

You can't copyright a breakbeat or any rythm piece for that matter only melodies and original vocals can be copyrighted.

However if you were to take a breakbeat for example right off a vinyl you would be infringing on the Performance but not the Writing since you are using their performance without permission but its a rythm piece so they can't copyright it.

The Way around that is to have someone replay the piece for you...then your free and clear.

Also after so many years...I think it was 50 but got recently moved up to 75 or something copyrights expire and the music becomes public domain! Meaning it's up for grabs. SO if the music your trying to sample is real old, then do a little research and maybe it might be usable for free or at least no stress.

One more thing on this topic, being sued is pretty crappy but can propel your career into the stratosphere if used properly...because as they say, their's no such thing as bad publicity. But I would recommend always at least trying to get permission first, because you'd be surprised how many artist will let you have it for free or next to nothing.

Good luck in the crates

-B

also the i recently found out the loophole i spoke of earlier has been sealed