Copyright Clarification

[djglenn]

Quick clarification needed on copyright, if anyone has the time.....

As I understand it, if I were to sample someone else's work, put it into my own work and then release it, that's illegal. Easy enough.

Now, if I were to take someone else's lyrics and have someone else sing it, put it in my work, then that's ok, right?

And if I were to say, have someone copy the guitar riff of a copyrighted track and put it in my own work, then no problem, right?

And even if both said copying (vocal & riff) sounded EXACTLY like the originals; meaning, A/B comparison couldn't tell them apart; that would be perfectly legal if you can provide proof that it's original, right?

However, if I were to sample a short bassline, run it through a ridiculous amount of effects (distortion, filter, phaser, etc..etc...) and have it sounding not even remotely similar to it's original state (with exception to the melody), then that would be copyright infringement, right? Technically speaking of course. I'm sure people would think you just copied the melody with a different sound.

Ok, that's all. Just want to be sure on this.

Thanks!
Glenn

[admin]

You can copy someones riff or lyrics but you'd still have to pay them writers royalites. But as far as I know there is nothing to stop you from doing it where as sampling you'd have to get clearance first.

If you sample something and process it enough I think it's generally considered fair ground but it might depend on the local laws.

I know in the UK there are people who specialize in reproducing 'sample's by replaying things to sound just like a copywrited recording to get around the sampling problem. But as mentioned above I'd think in certain cases you'd still pay the writing royalties (similar to doing a cover of a song).

[djglenn]

Thanks for that.

So it's sounding like you're saying that it's OK to copy someone else's work, release it, then just kinda wait and see if they come to you asking for their writer's royalties? Or that's the vibe I'm getting. I've always wondered about some of those, like "Mr. Roboto" from the label Little Mountain Recordings. Definitely another singer. (btw, two of the Styx's members are my dad's cousins. too bad I never had the chance to know them...)

Oh, and from what you're saying, if I copied a melody from a known song, then that would count as having to pay a writer's royalty? (just for the melody)?

Glenn

[Rambunkcious]

Glenn,

Technically you need to get clearance in advance whether its sampling or reproducing the elements (i.e musical notation or lyrics), but id stick with what jes said.

As far as your question on melody, if u only borrow a certain element from the song then you are only required to pay royalties for that element. How much is paid out by you to the owner is established by whomever currently owns the rights.

The whole sampling and processing could be an issue to some degree here in the US, for the labels/writers/copyright owners that want to squeeze every penny out of you will hire an engineer to apply the same kind of processing and see if they can reconstruct what you did with their sample, that is if they suspect you have been using their works. Though this is much less likely to occur, it has been used as evidence in legal disputes.

On the flip side cases that dealt with a person stealing a bass note or a brass stab, an element so miniscule in its duration of time as compared to a riff or loop, yet very much indicative of the original work, are now (and have been for a couple of years) being thrown out of court due to the audacity of their claims as well as the length of the sample.

Hope that helps
bunkcious

[admin]

Glenn,

Hi Rami is correct in that technically it's not correct to just copy and then release and wait. You should contact the owners of the works in question prior to release. This doesn't always happen of course but it's the right way.
Sorry if my post seemed to say otherwise.

Med