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Welis

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#1 Welis
Member since 2004 • 1431 Posts

Yo!

I've been through google and other sites to find some good explanation of sampling a song. I still haven't found a good explanation of the law behind sampling. What is legal, and what is illegal. The reason behind this is that I'm working on producing beats, and I'm aware of plagiarising. I'm an oldschool guy, so I keep it real as in Real Hip Hop 90's/Underground for life.

Cheers and thanks. Keep it real !

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fat_rob

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#2 fat_rob
Member since 2003 • 22624 Posts
sampling is legal as long as you clear the sample with the legal owner
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Welis

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#3 Welis
Member since 2004 • 1431 Posts

sampling is legal as long as you clear the sample with the legal ownerfat_rob

That means I need to make a contract with the owner of the song? But, what if the owner is dead? Take Mozart for instance. 

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Apocalypse33

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#4 Apocalypse33
Member since 2006 • 19413 Posts

[QUOTE="fat_rob"]sampling is legal as long as you clear the sample with the legal ownerWelis

That means I need to make a contract with the owner of the song? But, what if the owner is dead? Take Mozart for instance. 

they have copyright for 100 years till after death or something like that, you could sample mozart all you want
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tmac200913

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#5 tmac200913
Member since 2006 • 16647 Posts
[QUOTE="Welis"]

[QUOTE="fat_rob"]sampling is legal as long as you clear the sample with the legal ownerApocalypse33

That means I need to make a contract with the owner of the song? But, what if the owner is dead? Take Mozart for instance.

they have copyright for 100 years till after death or something like that, you could sample mozart all you want

What if he wanted to sample Biggie?

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Toriko42

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#6 Toriko42
Member since 2006 • 27562 Posts

[QUOTE="fat_rob"]sampling is legal as long as you clear the sample with the legal ownerWelis

That means I need to make a contract with the owner of the song? But, what if the owner is dead? Take Mozart for instance. 

Mozart and Beethoven are public domain. Nas didn't pay anything to sample Fur Elise in 'I Can'
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elpooz

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#7 elpooz
Member since 2005 • 5883 Posts
[QUOTE="Apocalypse33"][QUOTE="Welis"]

[QUOTE="fat_rob"]sampling is legal as long as you clear the sample with the legal ownertmac200913

That means I need to make a contract with the owner of the song? But, what if the owner is dead? Take Mozart for instance.

they have copyright for 100 years till after death or something like that, you could sample mozart all you want

What if he wanted to sample Biggie?

Probably whoever owns his masters. Puff or his mom most likely. Or a record label...

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189245455704665724390135605497

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#8 189245455704665724390135605497
Member since 2002 • 7742 Posts
you don't pay/go through the artist usually, unless they own thier own copyrights for thier songs, but major labels have lawyers who do that **** for them, indie labels most of the time won't bother clearing samples...so sometimes people get sued, RJD2's been sued like 5-6 times for songs on Dead Ringer I'm pretty sure
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Apocalypse33

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#9 Apocalypse33
Member since 2006 • 19413 Posts
[QUOTE="Apocalypse33"][QUOTE="Welis"]

[QUOTE="fat_rob"]sampling is legal as long as you clear the sample with the legal ownertmac200913

That means I need to make a contract with the owner of the song? But, what if the owner is dead? Take Mozart for instance.

they have copyright for 100 years till after death or something like that, you could sample mozart all you want

What if he wanted to sample Biggie?

he hasnt been dead 100 years so prolly owned by someone
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189245455704665724390135605497

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#10 189245455704665724390135605497
Member since 2002 • 7742 Posts
[QUOTE="tmac200913"][QUOTE="Apocalypse33"][QUOTE="Welis"]

[QUOTE="fat_rob"]sampling is legal as long as you clear the sample with the legal ownerApocalypse33

That means I need to make a contract with the owner of the song? But, what if the owner is dead? Take Mozart for instance.

they have copyright for 100 years till after death or something like that, you could sample mozart all you want

What if he wanted to sample Biggie?

he hasnt been dead 100 years so prolly owned by someone

it's owned by bad boy/ms. wallace
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Foolz3h

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#11 Foolz3h
Member since 2006 • 23739 Posts
[QUOTE="Welis"]

[QUOTE="fat_rob"]sampling is legal as long as you clear the sample with the legal ownerToriko42

That means I need to make a contract with the owner of the song? But, what if the owner is dead? Take Mozart for instance. 

Mozart and Beethoven are public domain. Nas didn't pay anything to sample Fur Elise in 'I Can'

This could be wrong, but he'd be sampling modern recordings of their songs so they would most likely be copyright of whoever published them? 

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Balimi

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#12 Balimi
Member since 2007 • 1599 Posts
[QUOTE="Welis"]

[QUOTE="fat_rob"]sampling is legal as long as you clear the sample with the legal ownerToriko42

That means I need to make a contract with the owner of the song? But, what if the owner is dead? Take Mozart for instance. 

Mozart and Beethoven are public domain. Nas didn't pay anything to sample Fur Elise in 'I Can'

they can play mozart/beethoven for free, but they would have to pay to sample a recording of anyone playing something they wrote in the last 100 years.
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Toriko42

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#13 Toriko42
Member since 2006 • 27562 Posts
[QUOTE="Toriko42"][QUOTE="Welis"]

[QUOTE="fat_rob"]sampling is legal as long as you clear the sample with the legal ownerFoolz3h

That means I need to make a contract with the owner of the song? But, what if the owner is dead? Take Mozart for instance. 

Mozart and Beethoven are public domain. Nas didn't pay anything to sample Fur Elise in 'I Can'

This could be wrong, but he'd be sampling modern recordings of their songs so they would most likely be copyright of whoever published them? 

I think you can use the melody without paying for it.

Check the sample, it's clearly just played on a Piano, it would be a waste of time to take a recorded sample and pay for it. If you do it yourself it's free but if you do a recording from someone else that costs money.

Of course, all other samples have to be cleared through whoever owns it. If you want to sample the Beatles, you go through Michael Jackson, etc.