2 comments

1. 

   Comment by slipknotrokr12 on December 3, 2009 at 11:37 pm

   It is illegal to sell it as your own yes. That music belongs to them and their label. You have to get certain permissions to be able to use it. If you put it on your myspace doubt any legal action will be taken so no worries there. but If you try and sell it as your own legal action will be taken. Best chances will be to make your own beat, or find someone who can help you with it. but if you REALLY want to use that beat, you need to get a few rights cleared up, like the master rights from the label, and sync rights from the publisher if you want to make a video or anything.

   Good luck

2. 

   Comment by drewfountain on December 3, 2009 at 11:37 pm

   The answer is IT"s LEGAL !!
   Now Metallica can’t copyright the E chord all together, though Elecktra’s lawyer’s may try but they wont win that fight.
   There is only so much sound a drummer can create from a simple "Charlie Watts" style drumset.
   It’s not everyone who can afford to have a full percussion set like Neil Pert (Rush) , so it’s hard to sue on beat alone.
   Many a reggae star has had their samples played and ripped off by more "popular" artists, and they rarely get credit. Sean Paul is notorious for digging around and discovering good samples from unknown Caribbean artists, but one should give him kudos for giving the artists cred, and a a but of royalties as well.

   If you feel you must borrow a riff from a "mega band" it’s going to be more obvious than if you copy a riff from an "underground" band.
   (Example: Copying the bridge riff from "One" can be easily recognized [or even played] by a 4th grader, but copying part of the bridge riff off an old Andy Powell/Turner classic or paralleling one of Mick Box’s jams would probably go un-noticed by most listener’s ears. Now those few Wishbone Ash and Uriah Heep fans may ask some questions, but if you tell them you had an OK from the original band and sent them a copy, then the issue would end peacefully.)

   The key is "successful". If you’re a local band playing local bars and small night clubs, then your chance of being harassed is greatly reduced. If you’re on tour with a regional act or small national tour (1000-3000 venues) then you’re best to take that song off your playlist.
   Once you get signed, let your lawyer get the rights taken care of, and save that song for a later release.

   For lyrics - the "Seven word rule" usually applies. If you re-use seven or eight words from another song, have the courtesy of giving thanks or kudos in your credits to the original writer. If the artist is still alive, just contact them and ask their permission, and offer to send them a copy of your final recording as a courtesy for their "inspiration". I’ve have yet to have a single artist say "no" when using that approach.

   If it’s a full cover song - do your homework and give the ORIGINAL writer credit (example "Just a Gigolo" should NOT be credited to David Lee Roth, as DLR mixed two songs" Julius Brammer;s "Just a Gigolo" with Roger Graham’s "I Ain’t Got Nobody")

   Now there are those of us with pride in our fellow recording artists — and we give credit where credit’s deserved. It may be giving props in the liner notes, it may be a personal request and a "thank you" letter attached to a copy of the recording, if the artist owns their own publishing rights, When I see them in person, I’ll buy them a drink (or two) and we’ll laugh about the recording and all is done. If I ever make any real money from recording , I’ll probably share it with those artists.
   (we don’t record for money … we record because it’s FUN).

   Unfortunately, there are those artists who think they can "pull one over" on pop listeners, as if all music fans are absolute idiots. We are all music aficionados of various genres, and we are quick to identify what’s sounds "similar" and what’s a blatant "ripoff". What’s worse is when the (so-called) artist denies the blatant similarity - then legal steps in with their suite - their artistic perjury will kill their fanbase, and the rest is for lawyers to make money. My advise is to ADAPT but don’t blatantly plagiarize.

   (Examples ….. let’s see ….. Vanilla Ice rips off Deacon’s bassline from "Under Pressure", Rick Astley rips off Madonna’s "borderline" music, I can mention coldplay, or that artist’s blatant sample of Thomas Dolby,the pop star P Diddy has made a career of ripping off basslines and sounds from other artists, I could give hundreds more examples)

   Now - there are some musicians don’t own their own music (publishing rights), but the record company owns the publishing rights. So even if you have the artist’s permission to record the song/sample, some wealthy record company exec may hire a lawyer.
   (Examples: watch out for the first 3 Springsteen albums - Steve Appell owns the publishing rights and Bruce can’t say anything about it, and watch out for the pre-1994 Twisted Sister recordings, the record company is deluded that the records are worth millions and wont share copyright, and Dee has no say so in the matter)

   Now those victimized artists have some choices. Thomas Dolby did the nicest thing - "hey - you sampled my song there. It’s pretty cool. Could you be sure to give me some credit on that album ?" .
   He asked only for recognition. That’s the most noble means to handle that.
   Other artists ask for some "token" royalty, and tend to give all that money to a charity. That’s an equally noble jesture.
   Some artists (especially old ones who are past their prime) will try to sue for full publishing rights to a song that the neophyte artist just picked up a single phrase. Now remember these are not