Music Copyright Question. - TCCoA Forums
 
LinkBack Thread Tools
post #1 of 4 (permalink) Old 08-31-2008, 01:45 AM Thread Starter
PostWhore
 
Juice's Avatar
 
Join Date: Apr 2005
Location: Sacramento, CA
Posts: 1,528
Send a message via AIM to Juice Send a message via MSN to Juice Send a message via Yahoo to Juice
Music Copyright Question.

Say I legally own a song. I take a piece of that song (let's say about 10 seconds or less) and edit it into other sounds to make one overall sound effect that I can distribute, for free, to anyone who wanted to use my edited sound with credit given to any and all authors of sound clips used to make my sound.

Could this be defined as a copyright infringement considering that I am redistributing it (for free) even though it is just a small clip of the song used combined with my own edits?

I put the sexy in dyslexia.
Chaos Journey
Juice is offline  
Sponsored Links
Advertisement
 
post #2 of 4 (permalink) Old 08-31-2008, 02:23 AM
5th Gear Poster
 
Caleb's Avatar
 
Join Date: Apr 2008
Location: Mobile, AL
Age: 32
Posts: 379
Really what you are doing is sampling. And because you are only using a few seconds, you MIGHT COULD justify what is called "fair use defense" in your defense. What this means is that as long you are not "impairing present or potential value of the original work", your sampling is considered "reasonable unauthorized copying". It is unauthorized because you do not have direct permission from the original artist. However, these rules on copyright issues are very unclear and have many different branches. And believe it or not, 10 seconds is considered a lot of time. Plus this defense usually applies to you if you re-wrote that certain section of the tune/created a derivitive of the tune.
What I would be concerned with if I were you is how the people that you distribute this "edited sound" to use it. If they are using it and selling it, you could be in some serious trouble.
You would certainly need to make sure that you properly give the credit that is due to the original authors. The best and really only way to do that is to request a license.
If you consider yourself an aspiring recording artist and are determined to use a sample of a recording owned by a major label you can send a written request for a sample license to the record company or even the publisher. But of course this will cost, but depending on the artist and how well that tune is doing on the charts will all determine how much. You would need to include an explanation of: how the intended sample will be used, the length of the sample and anything else that would make the publisher/record company want to give you the license.
As I said before, I would make sure you know how your final work/composition is being used. Because YOU are not commercially distributing it for a profit, the publisher/record company will be more likely to grant you the permission, but if those you give it to are planning on commercially distributing it and don't request a license (at current commercial rates) then that is NOT GOOD lol

This help? (probably more than you needed to know, but this is what I'm studying for my career, so I get a little excited about this)

1995 Thunderbird LX 4.6 (stock for now!): Xenon Kit, Air Silencer removed, True Duals with Flowmaster 44's - GONE BUT NOT FORGOTTEN - I will be back one day with another MN12
Caleb is offline  
post #3 of 4 (permalink) Old 08-31-2008, 02:36 AM Thread Starter
PostWhore
 
Juice's Avatar
 
Join Date: Apr 2005
Location: Sacramento, CA
Posts: 1,528
Send a message via AIM to Juice Send a message via MSN to Juice Send a message via Yahoo to Juice
Cool, thanks. I did read the fair use act before I posted this, but I didn't see anything about sampling, and reading text like that is better than NyQuil so I may not have fully grasped it.

The end user would only be using it for personal use, and redistribution, if any, would also be free.

I made the sound edits for my own use, so jumping through hoops to get some kind of licensing is more than I would want to do anyway.

Thanks for the info.

I put the sexy in dyslexia.
Chaos Journey
Juice is offline  
post #4 of 4 (permalink) Old 08-31-2008, 02:38 AM
5th Gear Poster
 
Caleb's Avatar
 
Join Date: Apr 2008
Location: Mobile, AL
Age: 32
Posts: 379
Cool. I agree with you. If you are using it for your own enjoyment and personal use then I would worry about it either...I've done that before too.

1995 Thunderbird LX 4.6 (stock for now!): Xenon Kit, Air Silencer removed, True Duals with Flowmaster 44's - GONE BUT NOT FORGOTTEN - I will be back one day with another MN12
Caleb is offline  
Reply

Quick Reply
Message:
Options

Register Now



In order to be able to post messages on the TCCoA Forums forums, you must first register.
Please enter your desired user name, your email address and other required details in the form below.

User Name:
Password
Please enter a password for your user account. Note that passwords are case-sensitive.

Password:


Confirm Password:
Email Address
Please enter a valid email address for yourself.

Email Address:
OR

Log-in











Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Show Printable Version Show Printable Version
Email this Page Email this Page



Posting Rules  
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Trackbacks are On
Pingbacks are On
Refbacks are On

 
For the best viewing experience please update your browser to Google Chrome