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Is it legal to use spoken word samples from radio and TV?
I have never been sure about doing this. Any thoughts?
Comments
Are you a rock star? No? I wouldn't sweat it then. Am I a lawyer? Yes. (as I'm always surprised to say.)
Sort've serious question: an intellectual property (IP) attorney?
not exclusively, but anyone with a background in law can tell you that your likelihood of facing consequential legal action is basically nil if you don’t have wide distribution. Black letter: using parts of an original recording in your own work without a license violates the copyright if the person that created the original work (or the rights of their licensee). Real world: the costs of suing someone with minimal distribution massively outweigh the benefits of shutting down the unlicensed use. You’re likely to get a cease and desist letter before you’re hauled into court anyway.
and, by the way, don’t listen to anyone who tries to tell you that there’s a general fair use exception. Fair use doctorine has nothing to do with how much you use, but HOW you use it and those HOWs rarely apply in the context of popular music.
I've used spoken word or "found" clips as I like to call them in my tracks without incident for years. But then they are listened too by a handful of people on YouTube ..not exactly prime time radio 😆 Also I tend to use obscure and old clips. Using chunks of "known" material is a different matter.
Just run them through Effectrix and Replicant. Problem solved! ;)
What about using snippets of dialog (no music) from a movie in the public domain? Is there an additional right if the actor is living and/or famous (right of publicity, etc.)?
this has always confused me. one of my favorite bands The Prodigy, use little snippets of songs but the way Liam Howlett mangles them up and flips them around. how is that handled, does he have to get rights from all of those bands he has sampled in order to sell his music? or is it so much different than the original sample, it doesn’t matter?
From a copyright perspective, anything truly in the public domain is fair game in the US. Could an actor have a claim against you for violating some right if there's? Perhaps. Consider, for example, if you rearranged their dialog to make it appear they were saying something that would damage their reputation. But that wouldn't be a copyright issue.
Charley is slang for cocaine.
You guys are anti-establishment rock stars, fighting the system without regard to the consequences. Start acting like it and sample that shit.
@Max23 I’m sorry to be the bearer of bad news but that’s some misinformation you’ve posted there..
Yes he had a big ‘process?’- success, by sampling a kids tv advert from late 70s/early 80s.
No, it wasn’t made up bs about the well being of kids.. it was a tv ad aimed at kids about crossing the road safely.
The rave scene was massive and we loved it.. the government on the other hand, introduced some legislation about repetitive music and illegal raves.
I don’t ever remember any bands singing about sniffing glue.. and it’s never been ok for anyone let alone kids !
Im not too sure about the guy who done the voice - Charley says is in no way a political song and I’m sure he came round once the royalties came rolling in.
Charley is not ‘code’ for xtc, like @jolico said, it’s slang.
Yes he clears his samples now like he had to back then.. he’s even been known to remake samples that he couldn’t get cleared.
phew there it’s, sorry max. We don’t want any kids reading this and thinking that getting some Charley is gonna make em’ dance all night.!
🤣
It's only legal if it's Leslie Nielson, and don't call me Shirley.
Actually it's not legal, and not a good habit to get into. It's stealing. I just wanted to post this video:
About six years ago, YouTube took down a track of ours within five minutes of it being uploaded. We had cut up bits of old sci-fi movies & random found stuff & made quite an arty film to go with the track, it was a lot of work. None of the film was later than the 1950's & although there were some fairly long clips it was all filtered with loads of transitions & such like. We were quite pleased with it & was our best work at that point. It was a major set back for us, and pretty much took the wind out of our sails. We received a notice from YouTube warning us that our account would be suspended/deleted if we transgressed copyright again. It took us a while to work out which copyright law we had broken, as we had several tracks with similar films already up on YouTube. The only thing we could come up with , is that we had mixed a small bit of dialogue from one of the films into our music, & it was still synced with the film clip. The YouTube copyright algorithm must have picked this up as we were uploading the file. We were pretty shocked it was taken down so quickly, & at first couldn't work out why our film was no longer visible to the public. We could still view it ourselves in our account, but it was no longer live out on the web.
I could understand this if we were well known, but to say we are rather obscure, would be an understatement. We barely knew we existed ourselves! Seemed a little petty to me, considering some of the hideous stuff out there. We were given no right to appeal, & the film & track remain in our archives, never to be released. The project kind of lost momentum after that, & we haven't done much since........shame really, it was going in an interesting direction.......
In broadcasting, a commercial bumper, ident bumper or break-bumper (often shortened to bump) is a brief announcement, usually two to fifteen seconds in length that can contain a voice over, placed between a pause in the program and its commercial break, and vice versa. The host, the program announcer or a continuity announcer states the title (if any) of the presentation, the name of the program, and the broadcast or cable network, though not necessarily in that order. On children's television networks, they are sometimes called external eyecatches due to the resemblance of internal eyecatches in anime and there is usually no voice over, but some bumpers do feature one. Bumper music, often a recurring signature or theme music segment, is nearly always featured. Bumpers can vary from simple text to short films.
Wait, weren't you in my nonseuquitur class? Second period? Ms. White?
...and disco biscuit ! Sorry again @Max23I’m not trying to be an ass..
Yes I’ve heard of the ramones, a US punk rock band, but I don’t know any of their songs. Thanks.. I also thought you were meaning uk rave acts !
hope this make you smile a bit..
https://m.youtube.com/watch?v=P1opP7tNLzg
Do not know any Ramones songs.....oh well....or Hey Ho as they say😆
Well we all know one another in those parts anyway...............😉
Are you telling all the anti-establishment rockstars to get off your lawn?