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As I hear it, didn't HC's people approach FSOL's
people to get clearance and he was told to rerecord everything. I
think there was an intention of making it a legal and above board remix, but
FSOL weren't happy. It wouldn't suprise me if someone came along (from outside
the scene) and did an official DnB remix rerecording everything.(Gym n Tonic
styleeee).
Future Music magazine recreated the tune a few
years back (in a tutorial), rerecording everything and placed all the individual
components on a CD (girls voice, breaks, melodies etc.), so it's not too
hard to
re-record and it would just be a cover-version, as you're not taking original
samples.
A good example of how you can get away with
samples, is learning from Smiley and PJ's (Shut Up and Dance) experience. No one
(otherwards the MCPS -- the royalty collectors) never really gave a f*** about
the odd Duran Duran sample here and there, because they were underground. But
when Raving I'm Raving went overground, the MCPS pounced and effectivley put
them out of business. Obviously, SUaD never bothered with sample clearence
before it was released, because they never bothered in the past and always got
away with it.
Some info here (or if you're bored at
work):
----- Original Message -----
Sent: Saturday, February 15, 2003 8:21
PM
Subject: [dnb-prod] Re:
Copyright/sampling issues
It's
not really a case of being uppity... we all sample to some extent - but the
question at hand is how much can we expect to get away with without getting
busted. *Technically*, using any sample, no matter how large or small,
from a copyrighted work without permission from the copyright owner is a
violation of that copyright. But in reality, because drum n bass is so
underground and generally put out by independent (i.e. poor) labels, there is
usually a pretty low risk of 1. getting caught and 2. getting sued.
Because drum n bass is so independent, people get away with a LOT of
things that would never fly if they were on a major label. This includes
everything from Dylan'&Loxy's Cali Curse sampling NWA to the absolute
plethora of house accapellas showing up in every other release these
days. (Im actually a bit surprised that Defected hasnt started to go after
people. Either they have a very liberal policy or else no body over there
listens to drum n bass at all.) But because everyone in dnb is generally so
poor it's not really a profitable strategy to litigate, so generally the worst
you can expect to happen is a cease and desist and perhaps forfeiture of all
proceeds from the release.
For
drum n bass, the main thing you will need to watch out for is vocals.
99% of drums, riffs, keys, fx, etc. you can get away with sampling, unless
they are really obvious, the samples are very well known and you didnt change
them whatsoever. However, anything that could be considered a "remix" is
generally not going to fly. This probably includes Andy's "On and On"
remix as well as all you cats that love to drop hip hop accapella's over dnb
beats. (There is a reason that all those hip hop remixes come out on
white labels even though we all know who did them.)
In
some rather well known recent examples - FSOL got wind of the Papau
New Guinea remix that High Contrast did and put the kaybosh on it.
Kemal's "Fucking Hostile" tune suffered a similar fate due to the Pantera
sample in it.
Even tho you can generally get away with quite
a lot, be wary that if you sign your track to a label, they will probably have
you sign a contract stating that your tune doesnt infring on any 3rd party
copyrights and that you will indemnify them from any culpability if they do
not.
Personally i sample just about anything and
everything with reckless abandon. But by the time the material has been
chopped, tweaked, twisted and worked in the tune the resemblance is so slim
that i dont spend much time worrying about it. However a couple of my
recent tunes have used some rather obvious vocal parts that may cause issues
if they end up being released. One used a small, but recognizable recent
hip hop sample and the other used large phrases from an old, but well known
house accapella. These are the types of things you need to be most wary
of.
peace and happy sampling
=)
trust
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