music sampling : dancing the legal dance

Music Sampling : Dancing the Legal

DanceCC BY-SA

When can I remix a song ?

When can I use samples ?

This leads us to :

What are the rights associated with a song ?

WARNING

I Am Not A Lawyer

What are the rights associated with a song?

Publisher’s rights

Master rights

Publisher’s rightsThe copyright of the song in composed form

Written / notatedTypically the "score", the lyricsExample : New Order - Bizarre Love Triangle

Master rightsA particular recording of a composition

Example : Nouvelle Vague - Bizarre Love Triangle

It can get complicatedFor current music, there is often more than one rights holder, for publishing rights and master rights.

There are also such things as producer’s rights, sound engineer’s rights, etc.

…..

Is the song copyrighted ?EU / US - Copyright is automatic upon creation

No need for a declaration / formal submission of material to copyright song

Can formalize different copyright holder than creator

Generally copyright is held by creator until 70 years after creator's death (!)

Often artists estates / publishing companies / recording companies maintain copyright

How do I get rights ?You typically need permission for both types

Publishers rightsMaster rights

You need permission for formats & domainsCD vs digital downloadEurope vs US vs world

Rights holders negotiate ownership (income) in return for permission to use sample

Who ? Where ?US : ASCAP, BMI, SESAC ….

UK : PRS, ….

FR : SACEM, ….

Labels

Artists

UGH

Trend : Cover songsGet publishers rights for "mechanical

reproduction"Getting permission to make a cover song

ORRecreate the sample you want, without original

recording

You do not need master rights…

Check out Limelight for simple mechanical rights (cover song) clearance (rights for US market only!)

Other optionsSample packs

Public Domain

Creative Commons

Sample packsPurchase sample packs of pre-fab music

Typically not of recognizable hits

Useful for "musical" elements, but not "remix" impact

Public domainTypically old sound recordings, or recording with

no clear ownership

Warning : not knowing ownership does not protect you! "I thought it was public domain” does not work

Creative CommonsAlternative, self-identified licensing

Typically no prior "permission" request requirement as long as you follow license "usage"

Different CC licenses can limit usage, formats, but lots of optionsOK to change for creative interpretation vs use "as

is"Use but not for monetary gainMust attribute original…..

SO

When can I use samples for my music ?

Legally - need permissionSubmit requests for rights, negotiate fees /

ownershipOR

Sample packOR

Use "public domain" materialOR

Find "Creative Commons" licensed material

When can I legally remix a song ?When you have the permission / rights

Permission - e.g. remix contestsYou will almost never have any rightsOnly income (if any) is prize money or contract - no

income from royalties (even for pros)You get recognition....

When can I legally remix a song ?When you have the permission / rights

Rights - via negotiation / purchaseSee whole process above

Sometimes independent artists / smaller labels are easier to convince / deal with

When can I use samples for my music / remix a song ?

Illegally?….

Any time you want

Did I mention it's illegal?

Do you notice a lot of people are doing it?

Did I mention it's illegal?

Illegal Bootleg samples / remixes

Strategies :Use it to get noticed, not to make money

Don’t sell bootleg remixesBootleg remixland is a place to visit, not to live….

Bury / hide / transform the sampleUse obscure samples

Illegal Bootleg samples / remixes

The more people notice your bootleg remix (good)

… The more people notice your bootleg remix (bad)

The more popular you get, the more interesting it is to go after you for money

Did I mention it's illegal?

Additional topics

Live performance rightsYou need a license to perform a cover song!

Typically, it is the venue (club, performance space, etc) that secures a general license

A lot of people play cover songs anyway… If you’re a small band, probably ok. If you get a big following, less ok.

Recorded music playback rightsAny venue that is playing music – even in the

background on a radio – should have a license to “broadcast” that music

Additional resources

http://www.themusicbridge.com/clearance-and-license/all-clear-a-music-clearance-primer/

http://blog.discmakers.com/2010/08/sampling-safely-a-primer-to-avoiding-lawsuits/

http://suebasko.blogspot.fr/2010/12/music-samples-how-to-use-them-legally.html

http://diymusician.cdbaby.com/2010/07/licensing-cover-songs/

http://www.prsformusic.com/SiteCollectionDocuments/Copyright/Copyright_Law_Introduction.pdf