Naive (?) copyright question - Gearspace.com
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Naive (?) copyright question
Old 30th January 2009
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FeatheredSerpent's Avatar
🎧 10 years
Naive (?) copyright question

Ok so I have a collection of vocal samples/dialogue snippets that I like to use in my compositions. My music hosting site (musicv2.com, which is great by the way, props to Chris the owner) allows us to upload tracks containing such samples, as well as DJ mixes of commercially released tracks etc because as I understand it, he pays a license fee which allows us to do so, in the same way a bar or club would in order to allow music to be performed there, pre-recorded/commercial or otherwise.

Now I'm interested in joining that RPM competition to produce an album in a month, but I want to use some of these samples. Seeing as I am not selling this music, and the RPM site is registered in the US, am I covered by the rules of 'Fair Use' or would I be completely breaking the law by using these samples?

I always assumed that if no money was changing hands, then I was in the clear, the reason that the mv2 site and clubs etc have to pay a license is because the music correlates directly with their revenue stream.

Any pointers?
Old 31st January 2009
narcoman's Avatar
🎧 10 years

From the way you phrased it I decided to check out the site - there is no mandate where a website can pay a blanket license to cover artist sample use... I might have misunderstood though - so bear with me.

Anyway - on their website in the terms and conditions is, as I suspected, this:

All samples used in your works are either your own original production, genuine copyright-free samples or are used with all applicable licenses and rights granted. Furthermore you must be able to provide proof that you have the consent of the copyright holder to use any and all samples upon request.

and this

Musicv2.com is not a music distributer but rather a web hosting service provider. More specifically we are defined as an Online Service Provider under Title II of the Digital Millennium Copyright Act, 17 U.S.C. Section 512 ("DMCA"). The musicians and dj's who use the Musicv2.com website have represented that they have full rights to submit content to the Musicv2.com website.

The same is true for RPM. You must have cleared the samples for use in your music. Explain more if you think I've misread what you said..
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