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Interesting copyright issue

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LiquidOoze
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Interesting copyright issue May. 4th, 2013 @ 11:53 AM Reply

The case I'm about to explain crossed my mind the other day. As an example I'm gonna use the song Disque by Firebeatz, link below.

Firebeatz - Disque

This song has a vocal at the drop (1:00) and I happen to have the sample pack that contains this vocal sample (Screamer Hardstyle Pack FYI). This pack contains a lot of samples, synths and vocals of which the most are free of copyright. Let's say that this particular vocal does NOT have copyright. Can I still use it in a Newgrounds song without it getting banned, even though Firebeatz used the vocal in a song which DOES have copyright?

This goes for a lot of samples but this is the best example I could think of.


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Troisnyx
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Response to Interesting copyright issue May. 4th, 2013 @ 11:57 AM Reply

At 5/4/13 11:53 AM, LiquidOoze wrote: The case I'm about to explain crossed my mind the other day. As an example I'm gonna use the song Disque by Firebeatz, link below.

Firebeatz - Disque

This song has a vocal at the drop (1:00) and I happen to have the sample pack that contains this vocal sample (Screamer Hardstyle Pack FYI). This pack contains a lot of samples, synths and vocals of which the most are free of copyright. Let's say that this particular vocal does NOT have copyright. Can I still use it in a Newgrounds song without it getting banned, even though Firebeatz used the vocal in a song which DOES have copyright?

This goes for a lot of samples but this is the best example I could think of.

Having learnt intellectual property law, let's think of it this way:

If the vocal drop ITSELF is not copyrighted but is free for use, use it. The only time, I imagine, if you were to breach the song's copyright, is if you use it in a manner which is wholesale similar to how it was used in the original song. So find new ways to use it.

And besides, to be honest, I imagine people using that vocal sample for kung fu-themed songs anyway.


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Lachi
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Response to Interesting copyright issue May. 4th, 2013 @ 12:04 PM Reply

this way all the vengeance kicks and such will be unusable.
i'm 95% sure you can use.


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BrokenDeck
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Response to Interesting copyright issue May. 4th, 2013 @ 12:11 PM Reply

Ask RampantMusik, he'd know.

LiquidOoze
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Response to Interesting copyright issue May. 4th, 2013 @ 01:09 PM Reply

At 5/4/13 12:04 PM, Lachi wrote: this way all the vengeance kicks and such will be unusable.
i'm 95% sure you can use.

Kicks are much less easy to identify than vocals.

Also, @RampantMusik


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Rampant
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Response to Interesting copyright issue May. 5th, 2013 @ 11:57 AM Reply

At 5/4/13 11:53 AM, LiquidOoze wrote: This song has a vocal at the drop (1:00) and I happen to have the sample pack that contains this vocal sample (Screamer Hardstyle Pack FYI). This pack contains a lot of samples, synths and vocals of which the most are free of copyright. Let's say that this particular vocal does NOT have copyright. Can I still use it in a Newgrounds song without it getting banned, even though Firebeatz used the vocal in a song which DOES have copyright?

If the original sample is free of copyright (or, if it's a one time fee/royalty free; or if it's licensable and you have bought or rented a license to use it), then yes, you can use it in an original composition. One could get into trouble if s/he sampled the sample from the song it's used in; the other way one could get into the grey area of copyright is, as Trois pointed out, if the new composition (using the same sample) sounds very similar to the other artist's track.

frootza
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Response to Interesting copyright issue May. 5th, 2013 @ 11:03 PM Reply

At 5/4/13 01:09 PM, LiquidOoze wrote: Kicks are much less easy

I was so ready to read 'much more difficult' that my brain froze at the inverse word relationship usage haha.

That being said, if there's any conflict of interest post it to your soundcloud!


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