Unauthorized Sampling of a Song

Etrain

macrumors 6502
Original poster
Feb 26, 2005
292
0
Land of Cleve
I created a song about a year ago which has recently been sampled by a major band without my authorization. My song was available through my friend's website with my copyright. I am very unfamiliar with the legality of this issue and was taking a shot in the dark to see if anyone here might know the law surrounding this issue. Any advice would be very much appreciated.

Thank you.
 

WildCowboy

Administrator/Editor
Staff member
Jan 20, 2005
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If they did sample your song, then yes, you can certainly go after them. It's your intellectual property being used without your consent. But you have to prove it...prove that it was available in the right timeframe, and then find evidence that shows they did in fact sample it.

It's going to involve lawyers...and it will be expensive.
 

Etrain

macrumors 6502
Original poster
Feb 26, 2005
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Land of Cleve
Thank you for your replies. The band in-question is a MAJOR band with a major label. I have proof of when my song was created and when it was put online. There are 3 similarities between the two songs, one is the background beat which is identical, a looping string section, and finally a vinyl scratching loop. The similarities are too obvious to be a pure coincidence.

BTW, the song in question is already released on the band's hit album and is making them a lot of money from something that could possibly be proven to be mine.
 

iGary

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May 26, 2004
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Randy's House
Etrain said:
Thank you for your replies. The band in-question is a MAJOR band with a major label. I have proof of when my song was created and when it was put online. There are 3 similarities between the two songs, one is the background beat which is identical, a looping string section, and finally a vinyl scratching loop. The similarities are too obvious to be a pure coincidence.
You'll either have to front a massive retainer, or convince a lawyer that these guys have enough money to make it worth his while, then. ;)

Oh, and realize you're looking at years to recover anything.
 

beatsme

macrumors 65816
Oct 6, 2005
1,204
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iGary said:
You'll either have to front a massive retainer, or convince a lawyer that these guys have enough money to make it worth his while, then. ;)

Oh, and realize you're looking at years to recover anything.
he's right...just forget about suing. No way you could afford it.

but what you could do is try to get some of the music press interested. Why don't you try to contact Spin or Rolling Stone (or something like them) and see what they think? Might not make you any money, but it might make a good story. And if you're serious about your music, a little pub couldn't hurt you...
 

dejo

Moderator
Staff member
Sep 2, 2004
15,981
447
The Centennial State
Etrain said:
The band in-question is a MAJOR band with a major label.
Why so secretive? Spill the beans. Who are they?

There are 3 similarities between the two songs, one is the background beat which is identical, a looping string section, and finally a vinyl scratching loop.
How did you create these sounds? If they are Apple Loops from their Jam Packs, you don't have a leg to stand on.
 

Kwyjibo

macrumors 68040
Nov 5, 2002
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I think it would be best for the OP to keep these details secret. It would be a shame if this thread was found and it was not his exact music and he got a nice little countersuit ...
 

jade

macrumors 6502
May 3, 2003
331
2
I think you should start the proceedings. The most important thing is to protect your IP, the post about going to a magazine makes a lot of sense. Also see if you can get some blogger traction!

I think you might have a valid case, consult a lawyer.
 

Etrain

macrumors 6502
Original poster
Feb 26, 2005
292
0
Land of Cleve
Thank you for the replies. I think it would be best to not mention the name of the band. I think I will in-fact talk to a lawyer about it. I had a law class with one a few semesters ago who I am sure would at-least listen to it. :)
 

rockthecasbah

macrumors 68020
Apr 12, 2005
2,395
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Moorestown, NJ
You most certainly have a case, but the first step would be to get a good lawyer and go from there. Don't go into this alone (even with our advice you'll be toast if they're a major label) ;)
 

gwuMACaddict

macrumors 68040
Apr 21, 2003
3,124
0
washington dc
Etrain said:
I created a song about a year ago which has recently been sampled by a major band without my authorization. My song was available through my friend's website with my copyright. I am very unfamiliar with the legality of this issue and was taking a shot in the dark to see if anyone here might know the law surrounding this issue. Any advice would be very much appreciated.

Thank you.
Post the song on here so that we can listen to it and try to figure out who stole it
 

Music_Producer

macrumors 68000
Sep 25, 2004
1,626
0
Etrain said:
Thank you for the replies. I think it would be best to not mention the name of the band. I think I will in-fact talk to a lawyer about it. I had a law class with one a few semesters ago who I am sure would at-least listen to it. :)
You absolutely need to sue this band, especially since you have proof of copyright violation! Unauthorized sampling goes on everywhere, and since you say this is a major band with a major label.. we can be talking about millions of dollars in damages.

Besides, if you don't take any action.. this kind of activity will just be encouraged more.
 

SamIchi

macrumors 68030
Aug 1, 2004
2,710
133
What's the freakin song and major band!? You're killin me.

Were all the loops original?
 

Etrain

macrumors 6502
Original poster
Feb 26, 2005
292
0
Land of Cleve
SamIchi said:
What's the freakin song and major band!? You're killin me.

Were all the loops original?
That might be a problem. See I created the song in Garage Band and used a lot of beats and things pre made. The 3 loops I am speaking of are in Garage Band, BUT what are the odds that someone with the thousands of available loops in that program would select the same 3 to put together?

I won't give the band's name, however I will give the Garage Band loop's name. The loop is called "Orchestra Strings 08", you will realize what song it is if you are familiar with the band in question.
 

Mr Skills

macrumors 6502a
Nov 21, 2005
801
1
Etrain said:
Thank you for your replies. The band in-question is a MAJOR band with a major label. I have proof of when my song was created and when it was put online. There are 3 similarities between the two songs, one is the background beat which is identical, a looping string section, and finally a vinyl scratching loop. The similarities are too obvious to be a pure coincidence.

BTW, the song in question is already released on the band's hit album and is making them a lot of money from something that could possibly be proven to be mine.
I think what you are talking about is not sampling. Sampling is when they use an actual recording of your song, or part of it. What you seem to be talking about is just them ripping off your ideas. Don't get me wrong, it's just as illegal, but it's much harder to prove.
 

iGav

macrumors G3
Mar 9, 2002
9,025
1
Mr Skills said:
Don't get me wrong, it's just as illegal, but it's much harder to prove.
Even more difficult to prove when the alleged sample is itself made from commercially available loops, in a commercially available program.
 

beatsme

macrumors 65816
Oct 6, 2005
1,204
1
Etrain said:
That might be a problem. See I created the song in Garage Band and used a lot of beats and things pre made. The 3 loops I am speaking of are in Garage Band, BUT what are the odds that someone with the thousands of available loops in that program would select the same 3 to put together?

I won't give the band's name, however I will give the Garage Band loop's name. The loop is called "Orchestra Strings 08", you will realize what song it is if you are familiar with the band in question.
wow...I dunno how your case would fare, considering the loops are available to anyone who wants to purchase them.
 

calculus

Guest
Dec 12, 2005
4,505
4
Well I had a listen to the loop and have no idea who they are - anyone worked it out?

Given the way that the OP's track was put together I very much doubt that there is any hope of winning a copyright case.
 

SamIchi

macrumors 68030
Aug 1, 2004
2,710
133
Etrain said:
That might be a problem. See I created the song in Garage Band and used a lot of beats and things pre made. The 3 loops I am speaking of are in Garage Band, BUT what are the odds that someone with the thousands of available loops in that program would select the same 3 to put together?

I won't give the band's name, however I will give the Garage Band loop's name. The loop is called "Orchestra Strings 08", you will realize what song it is if you are familiar with the band in question.
Orchestra 8 :D Fort Minor, I had that in my mind the whole time. I've used the same loop, big freakin whoop. Ahh I'm sorry but I don't think you got anything. It's not sampling and it's royalty free loops. Why didn't you just tell us the song and band, I don't know why you're so secretive. Especially when you used loops from Apple.
 
L

Lau

Guest
SamIchi said:
Orchestra 8 :D Fort Minor, I had that in my mind the whole time. I've used the same loop, big freakin whoop. Ahh I'm sorry but I don't think you got anything. It's not sampling and it's royalty free loops. Why didn't you just tell us the song and band, I don't know why you're so secretive. Especially when you used loops from Apple.
Ahh. So does this YouTube video describe the situation? Link