HarmanToor
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This is Illegal.
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Is this Legal/Illegal? Would anyone be interested? DHOL LOOPS :)
- Thread starter HarmanToor
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HarmanToor
Nachde Yaar Punjab De
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you didnt answer any of my questions.. you posted a 20 dollar offer on something im guessing you dont need.. then you posted a video on "indian" people being cheap..justAguy said:
why do you keep spamming my thread
??HarmanToor
Nachde Yaar Punjab De
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Illegal
HarmanToor
Nachde Yaar Punjab De
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thats what Im trying to find out before I start putting this thing together.. RDB for a short period of time was selling a loop cd, so they are royalty free.. however the loops that I have aquired on my own, half are just dlow loops from here and india, the other half is just straight ripped from songs which are obviously under copyright lawsJasBains said:
Karan
you can be my first customer, thanks!
yraparla
SwizzeeMusic.com
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Harman this is a great idea and I'd be down to buy. Maybe not 200-250 dollars worth, but I have bhangra breaks/beats, sagloops, probably some others so hopefully we can work a reduced cost.
I think your ok on the samples if they're of short length, and not immediately recognizable (which is usually the case with dhol cuts and effects since producers all use the same set). Vocals are the difficult legal battle
The dhol loops are most likely royalty free only if you use them in a manner consistent with the intent of the seller (i.e. music production). Reselling any of them would be illegal unless you can prove you modified it in a way that is not trivial (which in this case means throw on a cymbal or a bass or something like you said). So you should be good
I think your ok on the samples if they're of short length, and not immediately recognizable (which is usually the case with dhol cuts and effects since producers all use the same set). Vocals are the difficult legal battle
The dhol loops are most likely royalty free only if you use them in a manner consistent with the intent of the seller (i.e. music production). Reselling any of them would be illegal unless you can prove you modified it in a way that is not trivial (which in this case means throw on a cymbal or a bass or something like you said). So you should be good
HarmanToor
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Swi, your the man.. k so what about loops and samples that I steal from songs? should I modify (pitch,kicks,hithats,cymbals) them too? Or would it still be illegal anywaysSwi said:
Kush
Active Member
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definintely will be illegal, like swi said, simpley because you're going to make monetary gain off of it. Even USING portions clipped out of songs in any way that may result in profit is actually illegal unless its within a certain length (see DJ girltalk) unless you pay royalties (not talking about the royalty free samples, though you def can't sell those). I think the idea is great but i'm not sure if you can actually do this. But then again, if you're advertising to just the btf crowd, you're probably low enough under the radar for it to happen. Also becareful with HOW you advertise. If you're showing "RDB, DBI Beats, Vocals from Lehmber, Kaka, Surinder, and so on so forth", yes you're gonna attract buyers but also lawsuits.
You'd probably be in the clear on publicly available material like basic drum kit instruments, etc. But then again, noone would buy the pack for those materials when you can get 50 different drum packs on the internet for much cheaper you know?
and also 200-250 is ALOT. you're right, it would have to be more for people looking to PRODUCE their own music, not just mixers (though i'd LOVE to have this).
You'd probably be in the clear on publicly available material like basic drum kit instruments, etc. But then again, noone would buy the pack for those materials when you can get 50 different drum packs on the internet for much cheaper you know?
and also 200-250 is ALOT. you're right, it would have to be more for people looking to PRODUCE their own music, not just mixers (though i'd LOVE to have this).
yraparla
SwizzeeMusic.com
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hey buddy, so I asked my friends dad who's a lawyer and although it's not his particular field he gave this advice:
You DONT need clearance if:
You plan to distribute copies to the public but meet one of the following:
-an average listener would not notice the similarities between your end product and the sample
- your use of the sample falls under the "fair use" doctrine
Defense against needing permission:
-Your Sample Use is Not Infringing, If you alter a sample so that an average listener cannot hear any substantial similarities between your work and the sample, there's no violation of the law.
-Your Use is a Fair Use: (all three must satisfy)
1. You did not take a substantial amount of the original work (check)
2. You transformed the material in some way (hopefully check)
3. You did not cause significant financial harm to the copyright owner (arguable both ways)
Don't believe the widespread myth that "less than two seconds is fair use." It's not true. Also, some courts apply this fair use rule only to the musical composition copyright, not the sound recording copyright. For example, one judge ruled that any musical sampling violated the sound recording copyright. (So that means you can have your own band record the song and it's fair use, but using the actual sample isn't fair use)
Also, if it's less than 1000 copies and the original name is not attached then it's safe that no one will go after you. I think it's clear that reselling the dhol sample CDs is far more dangerous legally then sampling artists, since your potentially directly hurting the sales of those CDs. Reselling sampled songs it's safer since the legality is ultimately in the use of the purchaser (think of it as a mixtape you made and are selling to a friend).
Again, since the dhol is a common and available instrument, you can get away with 'repackaging' (as I think you should call it). It's with artist specific samples (voice, melody, special dhol rolls, etc) that you get into trouble. Overall I'd say you're fine...rename everything to like "Chaal 2, 90 bpm" or something to hide the source.
You DONT need clearance if:
You plan to distribute copies to the public but meet one of the following:
-an average listener would not notice the similarities between your end product and the sample
- your use of the sample falls under the "fair use" doctrine
Defense against needing permission:
-Your Sample Use is Not Infringing, If you alter a sample so that an average listener cannot hear any substantial similarities between your work and the sample, there's no violation of the law.
-Your Use is a Fair Use: (all three must satisfy)
1. You did not take a substantial amount of the original work (check)
2. You transformed the material in some way (hopefully check)
3. You did not cause significant financial harm to the copyright owner (arguable both ways)
Don't believe the widespread myth that "less than two seconds is fair use." It's not true. Also, some courts apply this fair use rule only to the musical composition copyright, not the sound recording copyright. For example, one judge ruled that any musical sampling violated the sound recording copyright. (So that means you can have your own band record the song and it's fair use, but using the actual sample isn't fair use)
Also, if it's less than 1000 copies and the original name is not attached then it's safe that no one will go after you. I think it's clear that reselling the dhol sample CDs is far more dangerous legally then sampling artists, since your potentially directly hurting the sales of those CDs. Reselling sampled songs it's safer since the legality is ultimately in the use of the purchaser (think of it as a mixtape you made and are selling to a friend).
Again, since the dhol is a common and available instrument, you can get away with 'repackaging' (as I think you should call it
). It's with artist specific samples (voice, melody, special dhol rolls, etc) that you get into trouble. Overall I'd say you're fine...rename everything to like "Chaal 2, 90 bpm" or something to hide the source.HarmanToor
Nachde Yaar Punjab De
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3. You did not cause significant financial harm to the copyright owner (arguable both ways)
I dont think it will be SIGNIFICANT financial harm.. but then again its not worth the risk..
local cash sales would work
I dont think it will be SIGNIFICANT financial harm.. but then again its not worth the risk..
local cash sales would work
PINDER KORDA SINGH
New Member
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You should hook it up for free since you took our NYPD name...
HarmanToor
Nachde Yaar Punjab De
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no worries next time you guys are in Toronto for a comp, I'l load the samples on your computer freePINDER KORDA SINGH said:You should hook it up for free since you took our NYPD name...