#780950 - 09/01/02 08:36 AM
Copyrighting a song with a sample from another pop song?
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Starfugger
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Registered: 09/01/02
Posts: 2
Loc: Philippines
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hello  i just completed a project where i was required to use a two second sample of duran duran's save a prayer intro. of course its a totally different song by itself, but the sample is still there. am i allowed to copy right it as my work? is it legal to use my creation for commercial purposes without duran duran's permission?
please reply. thanks.
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#780951 - 09/01/02 05:04 PM
Re: Copyrighting a song with a sample from another pop song?
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Christopher
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Registered: 02/23/02
Posts: 319
Loc: ,,UNITED STATES
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Technically, no, it's not legal to use a sample of another recording for commercial purposes. You must pay the owner of the sound recording (I think EMI) for the use of the sample. Whether or not you have to pay the songwriters (or their publisher) depends on whether the bit you've lifted rises to the level of a recognizable excerpt of their composition, which is a tricky legal determination that can't be made outside a California courtroom and some clueless 70 year old judge.
Fair use might get you out if what you're doing is making fun of Duran Duran, or accusing them of global politicoeconomic opression or something. Again, not something that can be determined without that senile judge and his hot, blonde 20-something Ivy-League educated clerk.
Safest route would be to pay both copyright holders (EMI and the songwriter). If the song isn't going to be a big-ass production and isn't going into major circulation, you can take your chances paying zero with the hope that you don't get caught.
Labels should only extort rich, McMansion-having people with big pockets, anyway. No label makes any money by suing poor starfuggers.
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#780952 - 09/02/02 05:35 AM
Re: Copyrighting a song with a sample from another pop song?
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Christopher
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Registered: 02/23/02
Posts: 319
Loc: ,,UNITED STATES
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Just noticed that you're in the Philippines. If you're registering your copyright there, forget everything I said. You have different laws.
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#780953 - 09/05/02 10:36 AM
Re: Copyrighting a song with a sample from another pop song?
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Starfugger
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Registered: 09/01/02
Posts: 2
Loc: Philippines
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Ahaha!!! it's a good thing i have a sense of humor christopher, because like they say, the truth does hurt sometimes. LOL. thanks for the reply. i'll let the clients take their chances ...
love,
poor starfugger
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#780954 - 02/13/05 11:52 AM
Re: Copyrighting a song with a sample from another pop song?
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agi
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Registered: 02/13/05
Posts: 14
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Where to get Copyright Quick and cheap?
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