Support and discussion for all of Akai’s modern standalone MPCs including the MPC X / X SE, MPC Live 1, 2 & 3, MPC One / One+, MPC Key 37/61.
By CharlesRandolph Sun May 03, 2020 3:04 pm
NearTao wrote:I have not cleared a sample and I have not been served a C&D.

I have had enough legal training to know that a lot of the discussion here is speculative, and if somebody is really interested/worried, they should probably find a lawyer who actually deals with this... :D


100%.

But the truth is, if they can't pay to clear a sample, they can't pay for a lawyer. :lol:

I sampled a song and wanted to clear it. Contacted the Publisher and owner of the master recording, who happened to be the same person. He asked for me to send over the song sampled and song created from the sample. Guy called me back and said, "He can't find what I sampled, you don't need my permission." :lol:
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By NearTao Sun May 03, 2020 3:52 pm
CharlesRandolph wrote:I sampled a song and wanted to clear it. Contacted the Publisher and owner of the master recording, who happened to be the same person. He asked for me to send over the song sampled and song created from the sample. Guy called me back and said, "He can't find what I sampled, you don't need my permission." :lol:


Hah, nice dude... I've read old interviews of well known samplers getting asked "how did you make this sound" with the response "I am not telling you"... I always figured it was from sampling something and mangling it into oblivion. At some point in this process it becomes unrecognizable... so who cares... but it is still a weird situation when "inspired by" can mean "pay me money".
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By EnochLight Sun May 03, 2020 6:52 pm
NearTao wrote:I have had enough legal training to know that a lot of the discussion here is speculative, and if somebody is really interested/worried, they should probably find a lawyer who actually deals with this... :D


It’s fairly clear that going with an entertainment industry lawyer would certainly be the best choice. But between your insight and Danoc’s, I’d say it’s all good info. Thanks for chiming in.

Thankfully, no one will need any lawyer involved if they’re using the Library of Congress as their source. :wink:
By CharlesRandolph Sun May 03, 2020 7:50 pm
NearTao wrote:Hah, nice dude... I've read old interviews of well known samplers getting asked "how did you make this sound" with the response "I am not telling you"... I always figured it was from sampling something and mangling it into oblivion. At some point in this process it becomes unrecognizable... so who cares... but it is still a weird situation when "inspired by" can mean "pay me money".


Exactly...it funny that people think sampling stopped. It never did, we just got better at disguising it and staying quiet. But the truth of the matter is clearing samples has never been easier. Publishers are clearing samples more now, because the money has slowed down. The world of licensing has changed and now people have to rework those old songs. :lol:

They hated sampling, until people stopped doing or became smarter with how they did it. Find the loop holes and exploit them. :smoker:
Last edited by CharlesRandolph on Sun May 03, 2020 7:54 pm, edited 1 time in total.
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By Danoc Sun May 03, 2020 7:54 pm
CharlesRandolph wrote:Who here has cleared a sample?
Who here has been served a C&D for an unauthorized sample?

I have, back in the late 80's. Went through Harry Fox Agency at that time. I found the sample my boy sampled it and made the beat, "SMALL TIME HUSTLER ". Chuck Chillout was the in the door dude at the time. It was cleared. The other sample finally didn't get cleared they were on some Prince ish. Smh. Going back and forth was ridiculous. In the late 90's thinking back made me not want to sample and make my own music.

Never served a C&D, because l took someone's sample without permission to make money. :-D :smoker:
By CharlesRandolph Sun May 03, 2020 8:13 pm
Danoc wrote:I have, back in the late 80's. Went through Harry Fox Agency at that time. I found the sample my boy sampled it and made the beat, "SMALL TIME HUSTLER ". Chuck Chillout was the in the door dude at the time. It was cleared. The other sample finally didn't get cleared they were on some Prince ish. Smh. Going back and forth was ridiculous. In the late 90's thinking back made me not want to sample and make my own music.

Never served a C&D, because l took someone's sample without permission to make money. :-D :smoker:


It was the back and forth that slowed people down. The internet made it easier to do, just like registering copyrights. For Prince you had replay it and get a mechanical to do anything on that side.

Yeah 1990 was decade of, "lawyer sue everyone for anything." They were okay when it was just a 1000 records, but once it was in Pepsi, Car commercials, movies, and tv shows that's when it mattered. If Def Jam wasn't so popular, It would've lasted. :lol:
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By Danoc Sun May 03, 2020 9:26 pm
Like l said earlier, if THEY CAN'T RECOGNIZE the sample you're good. For me lm not taking that chance! You do not want to be in court deaking with that.

Dre took one bassline and paid little over a million. He didn't mind plus has dough.

I love making my own music cause my publishing, mechanical and performance rights is mine. I really don't want somone else musuc. That don't mean l hate sampling.

But l know my ish as far as law in entertainment , l worked in obe of the top law firm in America.
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By Danoc Sun May 03, 2020 9:32 pm
To be clear l don't care even if you're a lawyer if you get into a legal bind they tell lawyers to get a lawyer. If you defend yourself you lose a lot of rights trying to be your own attorney. Has it been done? Yes! But the percentage is Low!

Charles have you ever worked in a lawvfirm?
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By Danoc Sun May 03, 2020 9:42 pm
EnochLight wrote:Great information Danoc; thanks for sharing!

Oh no doubt sir, l take that serious. I don't want no one to get caught up on a legal myth. Ive seen people lose everything just because they took a sample. Dammmmm! :shock:
There's a right way to do things.

If l use a sample lm not going to chop it up and disguise it. I might and might not get caught ,but why take that chance. If lm going to sample lma get it cleared, if l don't l won't sample period. That's just me. Plus l have ethics , how would you like someone chopping your hard musical composition up and trying to hide it? That's the question. I know l wouldn't. :smoker:
By J.O.BEATS Sun May 03, 2020 10:19 pm
Let’s be real. I doubt any of you are making enough money with your music that you’re going to be sued for sampling. Unless you have major deals, have millions of views, work with big names and labels Etc you’re fine.
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By Danoc Sun May 03, 2020 10:35 pm
J.O. so you know my music situation? Do you know anyone's situation here? The word DOUBT is a red flag bruh. Meaning YOU actually don't know. I wouldn't take what you said as sound advice knowing what l know. Lets be real lm already in a pub deal and negotiating another one with my attorney.

Peace
By CharlesRandolph Sun May 03, 2020 11:04 pm
Danoc wrote:To be clear l don't care even if you're a lawyer if you get into a legal bind they tell lawyers to get a lawyer. If you defend yourself you lose a lot of rights trying to be your own attorney. Has it been done? Yes! But the percentage is Low!

Charles have you ever worked in a lawvfirm?


Never worked at a law-firm, but I been in enough meetings and read enough about past and current copyright law, to understand what is going on. Even so our lawyers would handle anything, if something would come up.

As far as sampling is concerned, if someone took my bass-line, tweaked it and turned it into something, that I couldn't recognize, I say more power to them. Look at the current environment now, people are suing over standard chord progression, that everyone uses. :lol:
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By Danoc Sun May 03, 2020 11:19 pm
Many songwriters are not aware of this, but chord progressions, as such, ARE NOT PROTECTED BY COPYRIGHT, and can be used by other songwriters. ... The more unique a progression, the harder it is to hide where you got it. This is a completely legal use of another chord progression.Jun 14, 2009
Secrets of Songwriting › 2009/06/14
Can You Use Someone Else's Chord Progression?
https://www.secretsofsongwriting.com/20 ... ogression/