illegal samples in a track?

[mr_wobble]

just wondering if a tune got signed and it had samples from a movie or something in another song
could there be a big penalty?

has any one here ever used a sample from a movie and got caught?

[Shum]

Yes there are big penalties. Clear your samples and there won't be.

[Basic A]

If you dont make shit from the track sales (which in a genre like dubstep, as a producer whos not rusko, I promise, you wont) ... there wont be many people out to report you, and even if someone did press for royalties, you wouldnt have shit for profits to give them a cut from anyway.

Just dont make it obnoxiously obvious.

[djarfogo]

ei bro,
basically sampling worldwide popular music or movie isn't the same thing as sampling obscure and non popular shit.
the point of sampling and digging is to use something that isn't recognized without a research.
When you're using something from a popular source, and you get signed and use it on a edition, the sample owner is on his legal right to claim
a part of the profit. If he's in a good mood or give take it to justice issues (not cool). specially if you sell, publish or make a video of the track.
Bro, you don´t know if your track will explode on a frentic hype worldwide, or be listened only locally.
If you think your track ia having a good feedback and might explode on airplay, you better think in getting in touch with the publishing owner from the sample track, but if is a Queen, Madonna or Lady Gaga, consider a No for answer (unless you're Kanye West or Dre)
i currectly work on a major label and the sample issue is a pain in the ass....
but still... i love sampling..

[andregmp]

how about if your track is a remix? and you publish it? are there any potential problems there?

[Shum]

^ Yes.

[HomeNoiseRecord]

i think you generally are supposed to have permission from the owner before you remix a track

[Shum]

i think you generally are supposed to have permission from the owner before you remix a track

Only if you intend to make money from it. Otherwise go nuts.

[djarfogo]

i think you generally are supposed to have permission from the owner before you remix a track

Only if you intend to make money from it. Otherwise go nuts.

That's correct bro

[REAP3RMusic]

Its all about profit. If you're using someone else's work to make money, in this case it being using samples from a movie/song, the owner of the rights to those samples will want royalties. If its used in a free promo track or you've cleared the samples with the owner of those rights, then you're free to do whatever you like with those samples as long as you dont intend to sell it.

"Clearing" samples is the process of personally contacting the owners of the rights to the samples and asking their permission to use them in your song. Some may let you do it for free, others may ask for an up front payment, royalties etc.

Your best bet is to use samples that are from low budget movies/T.V shows or even invest in a decent condenser mic and make your own.

[legend4ry]

Just ask yourself........

If the track didn't have the sample, would it still the same? If its spoken word quote from a movie....More than likely it'll not add anything to the track at all and using it is just personally preference meaning that if you don't want to have the risk of being taken to court because of your track - don't use it.

[Wrigzilla]

Depends how blates you are about it you are, if you're just straight up sampling then you might potentially get into trouble (that's if you're making money from it) but that depends on how big you are to a certain extent.

Then again Amon Tobin is (with the exception of foley room) 100% sample based, from other peoples tunes and he's never gotten into legal trouble.

[phrex]

just release it on a white label muahahahaha

[djarfogo]

the dirtier is the sample quality, the better
specially on dubstep, fuck that clean ass lame shit

[upstateface]

the dirtier is the sample quality, the better
specially on dubstep, fuck that clean ass lame shit

[alphacat]

You fuck up and sample the wrong motherfucker and you might forfeit all profits, even with a sample clearance:

Although the song's lyrics were written by Verve vocalist Richard Ashcroft, it has been credited to Keith Richards and Mick Jagger after charges by the original copyright owners that the song was plagiarized from the Andrew Oldham Orchestra recording of The Rolling Stones' 1965 song "The Last Time."

Originally, The Verve had negotiated a licence to use a sample from the Oldham recording, but it was successfully argued that the Verve had used "too much" of the sample.[5] Despite having original lyrics, the music of "Bitter Sweet Symphony" is partially based on the Oldham track, which led to a lawsuit with ABKCO Records, Allen Klein's company that owns the rights to the Rolling Stones material of the 1960s. The matter was eventually settled, with copyright of the song reverting to ABKCO and songwriting credits to Jagger and Richards.

"We were told it was going to be a 50/50 split, and then they saw how well the record was doing," says band member Simon Jones. "They rung up and said, 'We want 100 percent or take it out of the shops, you don't have much choice.'"[6]

We're talking about a 5 second loop of a string section here too.

[honey-d]

Yes there are big penalties. Clear your samples and there won't be.

or don't and be a badass





a badass with lawsuits...