legality of audio samples

[sergeirox2121]

hey guys. i made an audio track which is just the lyrics "what has been done to me" from Tool - Prison Sex repeated 4 times. slowed down. and pitch shifted. i was planning to add some white noise to it as well. does this fall under fair use laws?

[Emcha_audio]

Originally Posted by sergeirox2121

hey guys. i made an audio track which is just the lyrics "what has been done to me" from Tool - Prison Sex repeated 4 times. slowed down. and pitch shifted. i was planning to add some white noise to it as well. does this fall under fair use laws?

No.

To do any samples, you need approval of the Label, as most of the time they are the holders of the master's rights. And it's always good habits to get in touch with the artist to expose to him what you want to do to see if he doesn't mind his stuff being reused that way.

If not well, look into Difang Duana vs enigma's return to innocence & EMI, Virgin Records & a few others artist, labels that got sued.

[TOM@METRO]

If you really want to distribute a previously copyrighted work, it's best to engage a qualified attorney.

[Voideco]

Oh crap and I just posted a request on where to dl hi res drumtracks.

[Sardi]

How can anyone think sampling anything without permission is above board? LOL

Having said that, chances of getting sued are pretty slim unless you move serious units.

Sample away!


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[zedhed]

Originally Posted by sergeirox2121

hey guys. i made an audio track which is just the lyrics "what has been done to me" from Tool - Prison Sex repeated 4 times. slowed down. and pitch shifted. i was planning to add some white noise to it as well. does this fall under fair use laws?

You haven't said what your intention is with the finished product. If you aren't going to distribute/sell it, then do what you want with it.

[Emcha_audio]

Originally Posted by Wallie

Oh crap and I just posted a request on where to dl hi res drumtracks.

If you're talking of drum samples that are made to be used like drum libraries, then that's something different. Read the User end agreement to be sure you can use them in commercial application. Not all will let you do it without a license.

[musicman691]

Originally Posted by Sardi

How can anyone think sampling anything without permission is above board? LOL

Having said that, chances of getting sued are pretty slim unless you move serious units.

Sample away!


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Number of units moved doesn't mean a thing. If someone/somewheres hears what the op is talking about and think to themselves 'this sounds familiar - where did I hear it before' and starts investigating and tracks it down the op could be in a world of hurt. It's happening more and more and not just with sound samples.

[Sardi]

Of course.

I meant the chances of him being sued are slim unless he moves serious units as no label in their right mind is going to do that unless they can make money.

I'd wager over 50% of the music I own has unauthorised samples in it.


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[musicman691]

Originally Posted by Sardi

Of course.

I meant the chances of him being sued are slim unless he moves serious units as no label in their right mind is going to do that unless they can make money.

I'd wager over 50% of the music I own has unauthorised samples in it.

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I'm not talking about a label going after the op but the people involved in creating the music to begin with. That has happened before. You don't have to be a label to go after someone for infringement.

Then again you could get a label that wants to make an example of someone that 'thou shalt not sample our product without permission'. THAT has happened before as well.

I'll wager that none of the music I own has unauthorized samples in it.