#1
So my current group's putting together some recordings, mostly for posterity before I leave the state for grad school this summer. We're doing mostly instrumental surf rock, so taking a cue from groups like Man or Astroman? we've played with using audio samples from movies. One track has about 5 samples totaling around 35-40 seconds of audio from one movie (with the longest sample being just over 15 seconds). Another uses a single 5 second sample, repeated twice - which I heard might be another can of worms.

Like I said, these are mostly just for posterity and to share with friends and what not. It would be nice if we could put these on something like a bandcamp site for our handful of local fans/random surf rock people to listen to. Would we have to take out the samples to legally post these online for free? What if we accept money/donations for the downloads?

Responses appreciated! Especially if you happen to have any official-ish links explaining what is and isn't OK for our situation.
#2
I don't think they'd like you making money from it, but they'd still have to find out, contact you, start proceedings etc. You'd have to have a big fan base to even worry about that IMO
#3
If your really worried you could just replace the samples with original spoken word material.

Which might even be preferable, I dunno.
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Quote by DisarmGoliath
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#4
Legally - you can't do that. For money or not, it doesn't matter, still illegal. MoAM probably license the samples, I know most bands do.

Then again, there will likely be no repercussions if you do leave them in, I'm not a lawyer so I'm allowed to tell you that
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#5
What is MoAM exactly?

I'm sure its nothing to be seriously concerned about, I just wondered for the sake of being certain about it. I thought there was some kind of fair use standard that says using audio segments of a certain length is OK, no? I mean, there are artists who create sound collages from dozens of different sources. Are they really paying for every one?
#6
Quote by sjada
What is MoAM exactly?

I'm sure its nothing to be seriously concerned about, I just wondered for the sake of being certain about it. I thought there was some kind of fair use standard that says using audio segments of a certain length is OK, no? I mean, there are artists who create sound collages from dozens of different sources. Are they really paying for every one?

Man or Astro Man!

And no there is no set length, any length at all as long as it's remotely recognizable, is subject to a license from the rights holder.

Some artists are licensing, some aren't. If you reach any degree of success and haven't paid, the rights holder will come after you eventually. If you don't get any success? Nothing will probably happen.

Fair Use is commonly misused, especially on youtube. Unless it's for education (.edu NOT .com websites hosting the material) or commentary/criticism (intended for journalists, NOT kids on youtube or soundcloud).

Source: I work for a major music publisher and have a degree in this stuff.
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#7
I'd like to mention that despite what other folks are saying, whether or not you're 'famous' has no bearing on whether or not you'll be contacted by the license holder. I covered a song by an indie musician (well-known, but still indie) for my EP last year, which sold a whopping five copies (I'm probably being generous, there) and I was still contacted by said artist's legal representative, inquiring as to whether or not I had secured the proper licenses to cover his song. I had, but it was still a bit of a pants-wetting moment given that it was possible I had made a mistake during the process.

tl;dr - Don't excuse yourself by saying "I'm not famous, they won't care".
#8
Quote by CarsonStevens
I'd like to mention that despite what other folks are saying, whether or not you're 'famous' has no bearing on whether or not you'll be contacted by the license holder. I covered a song by an indie musician (well-known, but still indie) for my EP last year, which sold a whopping five copies (I'm probably being generous, there) and I was still contacted by said artist's legal representative, inquiring as to whether or not I had secured the proper licenses to cover his song. I had, but it was still a bit of a pants-wetting moment given that it was possible I had made a mistake during the process.

tl;dr - Don't excuse yourself by saying "I'm not famous, they won't care".

Thank you for licensing in advance, you're setting a great example for others! I wish there were more folks like you out there
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