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bphogan

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bphogan
·12 anni fa·discuss
I've been making music with my computer since 1999, and when I was young and dumb I made some remixes using some James Brown samples. I used a sample from "The Payback" which you'll hear in TONS of songs.

Didn't get it cleared.

Got a C&D and my website got taken down.

I'm not saying it's right. I'm saying that if you don't clear your samples, and you're a little guy, this will happen. Don't be surprised when it does.
bphogan
·12 anni fa·discuss
I understand that's how culture works. But I'm talking about the fact that because of Disney, this is now how it works, and it should not be surprising that this is happening.

There's a big difference between "how it should be" and "how it actually is."
bphogan
·12 anni fa·discuss
So many downvotes, and yet, I never said I was in favor of the practice. It's just the way the laws work. You can work to get them changed or you can ignore them, but if you ignore them, don't cry on the Internet that you got your stuff taken down.
bphogan
·12 anni fa·discuss
Actually, the DJs kinda do need a license. The venues they perform at often have a BMI or ASCAP license so they don't have to.

But I was DJing at a place that didn't have one. Employer got sued and had to pay up.

1976 copyright act says "no public performance." This is actually what they cited in the Aereo case too.
bphogan
·12 anni fa·discuss
I don't understand the problem, I guess. You can't profit from other people's copyrighted material without their permission. That's just how copyright works. And they can grant or deny that parmission.

Get a license or use something else. And don't complain that they're being "unfair" by taking your stuff down and not telling you what infringed. If you didn't upload/sample/perform other people's stuff, you wouldn't need to worry about what songs were infringing.

Get your samples cleared. After having to get written permission from Twitter, Facebook, Amazon, and other services to use screenshots of their web pages in my books, this doesn't surprise me in the least. Fair use is a defense, not a right.