using samples from disco tracks

[Rein]

is it possible to release a track with samples from some 80s disco vinyl? it's not only one shots synth hits but also some vocal bits. so the original is recognizable... do i have to ask permission; or is this something the label needs to fix?

[Shepherd_of_Anu]

I am pretty sure that in more parts of the world even using a few notes from someone else music is considered to be copyright infringement. So if you publish it then you are potentially opening yourself to litigation. To be on the up and up you need to secure permission from the artist which will probably mean that they will want most of the profit if there is any. You will probably hear people on this forum give you mixed messages on the subject but if you use a copyrighted sample its not legal. Some countries have fair use laws but I am sure making a track to sell for a profit using illegal samples will not be considered fair use. Personally, I couldn't give a sh!t about the artists. Not so much because they don't deserve reward and credit for their work but more because most artists support pro-copyright, pro-surveillance organizations. So I say fck em. Sample away, just don't publish it under your own name.

[kdgh]

you just need to ask yourself a couple of questions...

1. Is the artist/band huge?
2. Is the label huge?
3. Does the label and/or artist still exists?
4. are you huge?
5. is your label huge?

if not, go ahead!
Next to that, a lawsuit will cost a lot more then what you'll get with royalties.
just let the label know and they'll take the jump. after all they become owner of the track for several amount of time.

If you think it's gonna be a problem, just keep it in your own record-bag and share it with the DJs you think should spin it.
Or release it online as a freebie and gain fans.

[eggnchips]

I think a lot of folk just go ahead and take the risk these days. Beatport's full of samples/ripoffs.

[Rein]

ok thanks for your view on this topic all.. kind of what i thought, maybe releasing it on a free net label or something then is a better idea

[Rein]

decided to put it up as a freebie... little fun track here, nothing serious, but dancable

http://soundcloud.com/reinier-zonneveld/saddle-up

[Sleazebag]

Track's pretty cool dude.

If you're not making any money / releasing it - whatever. Worst case scenario: they tell you to take it down or face litigation.

The way to go is to find out who owns the rights to the song and contact them before any kind of release. They may want to hear it, they may wants some cash, they may want too much cash.

Just be aware that there is a large body of work that was put out on small labels, one-hit wonders, etc. that is very sample-able, but that large record companies have purchased the rights to specifically so that they can slam infringers with litigation.

Slightly different, but read what happened to The Verve when they put out Bittersweet Symphony. Lesson: don't sample the Stones. Also, don't sample Madonna.

Anyways, cool groove...