Copyright

[Codeum]

I want to put my pony music on bandcamp and make the price 0 with an option to pay more. what kinds of copyright issues will I face? will it matter if I've pitch changed the samples?

[BassRabbit]

Hasbro is pretty lax about copyright (considering they don't mind episodes on youtube), but I'm not sure. You may wanna ask around.

[Trillionage]

I'm not so sure about how it'll work. Even if you are not using samples, i think it still technically counts as breach in copyright as you would be profiteering from their IP without authorization.

[Codeum]

the only track I've written that I based on an actual song in mlp was my smile remix. everything else I've been writing the compositions and adding the vocal clips like I would add instruments, pitching them up ad down to fit the song.

[Trillionage]

That still counts as their IP. But don't take my word for it. It's best if you asked soembody with some legal background.

[Versilaryan]

If you use any samples at all, it's copyright infringement. As is remixing or covering songs without explicit written consent. If you mention any of the ponies' names in there, I'm pretty certain those are copyrighted or trademarked, too.

If Eurobeat Brony and countless others can get away with it, though, then you can get away with it, too. Hasbro's been REALLY lax on copyright stuff, only taking down HD episodes and stuff they 100% have to take down to not lose their copyrights.

[senntenial]

Heck, balloon party used a ton of show samples, got uP to #1 for a while and nobody said anything about it. Truthfully, if it were me I'd never put copyrighted stuff in my songs to sell because I'd be too scared, but I really doubt you'll face any problems.

[Kopachris]

If you use any samples at all, it's copyright infringement. As is remixing or covering songs without explicit written consent. If you mention any of the ponies' names in there, I'm pretty certain those are copyrighted or trademarked, too.

If Eurobeat Brony and countless others can get away with it, though, then you can get away with it, too. Hasbro's been REALLY lax on copyright stuff, only taking down HD episodes and stuff they 100% have to take down to not lose their copyrights.

^Pretty much this.

[Codeum]

I just wanted to make sure before I started uploading my pony music.

[Navron]

Well, the thing is, even without making money off of something, it's still copyright infringement.

Any of us that have thrown samples into our uploaded music have breached copyright and could be held legally accountable, but as said before, it's very unlikely, and with a good defense lawyer, it's unlikely they could sue for that much.

So yeah, regarding a few samples used in a free song? Probably would end up costing the company more to go to court in the first place.

Having an album on band camp w/ samples? As long as you aren't charging for the actual album, you can give people the option to donate if they wish. Legally, this would be a step up from the free youtube upload, but you aren't charging exclusively for the album, so it falls under a gray area.

Going professional with a record label, and/or selling your album for profits utilizing samples? Yeah, you could get hammered pretty hard for that.

[Makkon]

I've been told by a number of people who know some things on the subject:

It just has t be at least 20% different from the original. If the Black Eyed Peas can get away with that crap, and it can be completely legal, then I'm certain you'll be fine.

It just needs to be at least 20% different.

[Ed Viper]

I've been told by a number of people who know some things on the subject:

It just has t be at least 20% different from the original. If the Black Eyed Peas can get away with that crap, and it can be completely legal, then I'm certain you'll be fine.

It just needs to be at least 20% different.

Heh. What a funny coincidence.

MUST. RESIST. RAINBOW DASH JOKES.

[Freewave]

Keep in mind there are a few well known brony artists who charge money (not free with the option for more.... a flat $ cost) who put tracks on bandcamp who even go as far as using others artists samples w/o consent. Whether that will bite them in the long run is a good question but it could as they are definitely profiting off others w/o consent. Hasbro might not mind the use of samples but Phil Collins might want to see his money.

Ultimately what you are wanting to do Codeum should be ok. You're not charging for the tracks outright, the sample use are basically ok'd by Hasbro in how the conduct their business with looking the other way all the time.

If someone was using samples on free music + youtubed works (even for artists unauthorized samples) then i think they really have little to worry about except a cease and desist letter. You would want to take down your tracks but that's a worst case scenario as they aren't profiting off them. Lawyers cost money and if there's no profit to regain it's a moot point.

[Kopachris]

I've been told by a number of people who know some things on the subject:

It just has t be at least 20% different from the original. If the Black Eyed Peas can get away with that crap, and it can be completely legal, then I'm certain you'll be fine.

It just needs to be at least 20% different.

That's incorrect. There is no defined "how much different it has to be to not violate copyright," and must be decided on a case-by-case basis. After all, 20% of what? Is it 20% different if you reduce the volume slightly or add a filter on 20% of it?

[Codeum]

Thanks for the help guys. I think im going to start putting my pony tracks up there then.

[Freewave]

I've been told by a number of people who know some things on the subject:

It just has t be at least 20% different from the original. If the Black Eyed Peas can get away with that crap, and it can be completely legal, then I'm certain you'll be fine.

It just needs to be at least 20% different.

That's incorrect. There is no defined "how much different it has to be to not violate copyright," and must be decided on a case-by-case basis. After all, 20% of what? Is it 20% different if you reduce the volume slightly or add a filter on 20% of it?

hopefully we was joking although i've seen him rarely do that. i did sense a sarcastic tone in his post which is what i'm taking from it.

[Makkon]

Nah, I was serious, but probably wrong. I'm still baffled by Dick Dale's Miserlou being hip-hopped over by the Black Eyes Peas.

[Versilaryan]

It's a really shady gray area that lawmakers REALLY need to take another look at. If you don't have consent of the copyright owners, it's infringement. That's that. I have no idea how all those hip-hop artists get away with it.

[natsukashi]

I have a similar problem. I'm working on a concept album in which nothing is going to be produced on my own. I.e. it's all about copyright infringement. Of course everything is modified, but those are still popular songs with dickish (<- Assumption) record companies backing them. Can I still release it for free? =w=

[Makkon]

This is educational:
http://www.youtube.com/t/copyright_permissions

Can't embed this one...
http://www.youtube.com/watch?feature=pl ... Jn_jC4FNDo

[Freewave]

Nah, I was serious, but probably wrong. I'm still baffled by Dick Dale's Miserlou being hip-hopped over by the Black Eyes Peas.

Sean Puffy Combs did rapping over whole sections of "Kashmir" and "Every Breath You Take" but those guys did get money and credit from that sampling. Here's the 411 on the Misirlou.

http://en.wikipedia.org/wiki/Pump_It
"Misirlou" is a popular folk song of Greko-Turkish origin, originally performed in 1927 by the Michalis Patrinos rebetiko band in Athens, Greece. Nicholas Roubanis was given writing credit on "Pump It", though. (He accredited himself as writer in his recorded jazz version.)

More here.
http://robertacucchiaro.wordpress.com/2 ... /misirlou/

If the B.E.P. just had a guy do a similar style (APE it basically) they could likely skip Dick Dale getting the credit if its not a real sample and he wasn't the original writer. Maybe it samples Nicholas Roubanis's version instead. Very gray area i guess.

If you look at discogs however..........
"Pump It" contains samples from the composition "Misirlou" written by Nicholas Roubanis and published by EMI Grove Park Music (ASCAP), as performed by Dick Dale and his Deltones under license from Dick Dale Enterprises. Used by permission.
http://www.discogs.com/Black-Eyed-Peas- ... ase/808036
ultimately if that WAS a sample OF Dick Dale then he got paid...

[Freewave]

I have a similar problem. I'm working on a concept album in which nothing is going to be produced on my own. I.e. it's all about copyright infringement. Of course everything is modified, but those are still popular songs with dickish (<- Assumption) record companies backing them. Can I still release it for free? =w=

Plunderphonics have been going on WELL before mash-ups became popular
http://rateyourmusic.com/list/TheScient ... erphonics/
In many ways free music is going through a new wave of possibilities due to the sheer number of web artists, the fact that most of the people putting this out aren't looking to profit on their recordings anymore (or they CAN get sued), and most plunderphonics artists will simply pull down a release that offends if notified of an infringement. First you would need someone from the RIAA to even notice the release and the samples, then they'd need to judge worthy of an action (such as to collect their share of profit from that release), and then you'd likely need to not respond to their letters to run into trouble. That doesn't mean you aren't taking chances legally but if you've noticed what's happening on youtube and elsewhere there's many people out there who reinterpret music through copywritten material all the time. Ultimately it's your choice on what to do.

[natsukashi]

Okay! Thank you!
It seems pretty safe then. I was mostly curious if they shot directly or first sent Cease and Desist-letters. Then my album will be out on bandcamp ... sometime. I need to decide which track to destroy next. :3

[KillerAmp]

I would have to agree with the comments stating that its copyright if there is no written proof from the original copyright owner that you can you the sample, but at the same time you have to take into account how far will the company go to file a lawsuit against you?
i mean its not cheep to hire a lawyer for a lawsuit and it takes time, if its just someone on bandcamp that isnt going to make a TON of money then i don't think they will go all that far to file one.
also you have to look at things such as how some melodies in songs sound similar or the sounds created in the copyright piece sounds like the one you produced, ect. TECHNICALLY if a company wanted to, they could say that if you recreated a sound like a skrillex growl for example, they "could" sue, or if you songs melody sounds just like that of my chemical romance's Helena, they "could" sue.

the land of music production is really a large grey area in the world of lawsuits and is something they should really define rather than making it a "case to case" basis.

i personally think you both would be fine to upload to bandcamp.

[DijiTwitch]

An easy workaround is to set up a donation button directly to you, as an artist, rather than giving the option to pay for the IP-rittled work. I wouldn't worry too much about Hasbro getting on your case about it, but if you're worried the donation thing could put your mind at east.