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Can I get the rights myself?

Haze
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permalink   Thu, Apr 21, 2005 @ 6:15 AM
I was wondering about the ODB remix project because you state that I can submit a song using a sample IF it is cleared for use by me… So how can I clear a sample from an old JB’s forty-five? It is a short sample but it makes the entire track if you know what I mean.
Also, if I am able to clear it how would I submit sufficient proof along with the uploaded song so as to not have it disqualified?? Word.
admin
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permalink   Thu, Apr 21, 2005 @ 6:32 AM
I’m not a lawyer however I’ll take a swing:

The short answer is: you probably won’t get anywhere if you don’t have a lawyer who specializes in securing rights.

Here’s what you have to do (at least):

you have to contact the owners of rights (this is rarely the artist) to the sound recording of the 45.

then you have to contact the owners of the rights to the SONG, completely separately from those from the sound recording.

From BOTH you need to secure the rights fo (at least) sample, remix, post to the web on a non-profit site and none of that will cover the case if you win and actually get your song on the Dash record in which case they would have to waive the rights to any royaltees. In many (most?) cases the rights holders don’t own WORLDWIDE rigths so you have to go through all this for every country the contest might have an impact.

In my experience it is rare that one entity owns all the sound recording rights, usually it’s a group of people and each group has a group of lawyers. Double that for the song/composition. So you have multiple sets of lawyers, ALL of which have to agree to ALL terms. If ANY of them don’t agree and you use the sample anyway then you are open to lawsuits from ALL them not to mention (in the US) federal criminal prosecution.

The BBC posted this:
http://www.bbc.co.uk/radio1...

and it’s a similar (but different) process for the states.

(This whole thing kind of makes you wish someone would come along with a sane alternative to this system, no? ;)

Peace,
Victor
Haze
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permalink   Thu, Apr 21, 2005 @ 6:52 AM
Thanks for the reply Victor. My session here at the library will end soon so I will check out the links you provided later. I think the only thing I/we or anyone can say about the state of sample clearance for the non-commercial user is: "You will be blown out yo seat by this song which uses samples". As opposed to (said in a geeky white boy voice) "here is my cheesy sounding digital remix of A Son himself, the old dirty bastard!" I ain’t lyin’ man. I wish I could let you hear my remix just for the sheer awesomeness of it. I ain’t braggin’ or nuttin’ but this track is so hot that no life could survive on it. Save for Dirt Dog himself!! I think I’ll try my hand at entering the Dynamic Producer conference at the end of July this summer in NYC, cause when it’s live and in front of the people I want to impress, ain’t no rules involved there!!!! Just Bring em out Bring em out!!!! I’m a little aloof right now but you get the jist of it. Holla.
ASHWAN
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permalink   Thu, Apr 21, 2005 @ 7:18 AM
NOW HAZE, YOU KNOW WITH A BUILD UP LIKE THAT THAT I GOT TO HEAR THIS.
GET YOURSELF ONTO ICOMPOSITIONS.COM, IT IS A FREE FOR ALL THERE. LOTS OF REMIXES WITH ALL KIND OF ACCAPELLAS. OK, YOU WON’T WIN THE COMP, BUT YOU MAY WELL GET INUNDATED WITH PROPS AND WHO KNOWS…
I WOULD LOVE TO HEAR IT.
I WAS JUST TALKIN WITH CURIOS ABOUT THIS RECENTLY, AND MY SOUND HAS BEEN AFFECTED BY THESE ISSUES, BUT IT’S EITHER GET STUFF HEARD AND POTENTIALLY PLAYED ALL OVER, OR MAKE DOPE TRACKS LOADED WITH SAMPLES AND JUST PLAY THEM TO YOUR MATES…I’D APPRECIATE IT IF YOU COULD
EMAIL ME WHEN YOU’VE UPLOADED IT…
CHEERS AMIGO,
ASHWAN
Haze
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permalink   Wed, May 4, 2005 @ 6:43 AM
And it was done…. Go check out my remix at icompositions.com; File name is ODB Remix Project. Out.
MarcoRaaphorst
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permalink   Thu, May 5, 2005 @ 9:35 AM
remake that sample. I love to remake a sample, so it has the dirt and vibe of the original version but is a different ‘work’.

maybe some people who are into that, should work as a team. it’s great fun to do, but you need to have lots of sound available and it can take a lot of time to make it sound super good. but way fun ;)