Mixtapes Illegal?

Discussion in 'Audio Help & Tips' started by slumz, Sep 11, 2005.

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  1. slumz

    slumz New Member

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    If you record over a bunch of mainstream beats and sell it ...what is the likelyhood of you getting sued? is that ish happenin? illegal, yes or no? holla!
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  2. Jae Little

    Jae Little DJ - Producer

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    Industry producers and artist don't care.

    Look at how many mixtapes are out right now. It's a way to get exposure and everyone is going it. Only people who will trip on it are the net producers, them are the ones who will try to sue because one tried to sue a friend of mine which I will not mention the name of the producer. But, it's really illegal to do it but unsigned artist do it anyway. I don't know how many mixtapes I put out and that I've been on where me and the other person were spitting on a mainstream beat.
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  3. Jae Little

    Jae Little DJ - Producer

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    Oh, I forgot to mention...

    Make sure you don't do any shows or get airplay using them beats because that's then the suing will come up.
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  4. slumz

    slumz New Member

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    thnx man, check this shit out....I got this beat off soundclick, and when I downloaded it and used it, put it on my album n shit the license said you can use it for commercial work...Came back three months later mother fucker said u need 2 pay for it on the license, no commercial work for the beat, wtf is up with that?
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  5. AllOrNothinEnt

    AllOrNothinEnt Retired from Rapmusic.com

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    Because, any beat out there, commercial, or private, if NOT labeled as availible for demo use, makes it ILLEGAL to use.
    Yes, you can get sued.
    I'm livin proof of that, an artist I used to record gave me a track to put on soundclick, and I myself was the one threatened with a HUGE fuckin lawsuit.

    Shits no joke.
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  6. slumz

    slumz New Member

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    fa real....wtf but this dood fuckn switched his licensing thang on me!
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  7. kniteshift

    kniteshift That ain't my alphabet b

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    ^
    maybe if you purchased the license, THEN its legal. And if you don't have an actual copy of the license in paper, and his signature. It means 0.
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  8. slumz

    slumz New Member

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    ight, well i guess im gonna have to buy it...yo wat about those royalty hip hop crib beats...those free?
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  9. Arcane

    Arcane Alcoholic Roadie

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    even if they say it's "free", get it in writing signed by them if you're going to use it for commercial anything

    odds are you'll never get called on it if you're using someone else's beats, but it's safest not to unless you have written, signed word that you can.

    It's not that they'd sue you now, it's that they'd sue you if you ever end up going anywhere...especially if it's an industry producer. you could be on your 4th or 5th album with a major label when someone comes along and sues your ass cause of a beat you used 10 years ago on a mixtape that got your foot in the door, and they'll take you for everything you've ever made from music with the reason that they helped you get to where you're at

    so yeah, it's not worth it...just get some free leasing from local producers, in writing of course...
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  10. Rex Skully

    Rex Skully .......

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    I've alway heard it's only illegal if you produce so many copies...I think 5,000 maybe? Dont remember the exact number. But if you're not going to print off a thousand copies I really wouldn't worry about who's beats you use at all.
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  11. Mellow Madness

    Mellow Madness aKa sTaTiK

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    Let Me Catch A Fucka Using My Shit On A Mixtape.. Without My Word..
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  12. Arcane

    Arcane Alcoholic Roadie

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    the exact number is one

    you make one or more, then it's a copyright violation

    and like i said, it's not now that you'll get sued, but later on if anything comes from it....like if you get signed or something
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  13. D-B aka Damian

    D-B aka Damian New Member

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    When setting up my label I had to look into all this, yes it is illegal to even press and sell one single track if you don't own rights to the beat or have written permission from the licensor. If you go ahead and record over something you don't own copyright too, a lawsuit can often screw you and hand your performers right to the original owner of copyright also.. so you could lose more than the beat and the money.. they could take the album and earnings from it too, lol.
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  14. Yung Dibbz

    Yung Dibbz New Member

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    You can't SELL a mixtape unless you own eveything and alll the samples are clear. PERIOD.
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  15. Jae Little

    Jae Little DJ - Producer

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    But yet, a lot of people don't care about it. Like I said, look at how many people put out mixtapes using mainstream instrumentals. It's gotten real crazy these days when it comes to mixtapes. Only people that I know of that will sue you in a heart beat are local producers/net producers if they hear the mixtape. If you get airplay with a track that you've used a mainstream beat then you'll get sued right away.

    Don't get me wrong though, using something that it's yours is illegal and will result in some legal actions. It's just to get everything cleared and on paper before using it. Just so we won't see your ass on Celebrity Justice. All the mixtapes I put out are produced by me or a friend that I know personally gives me the beat to get heard. But like everyone else said just get it written out on paper before using it just to be clear. Producer on soundclick always say it's free but that's just to put on YOUR soundclick page but what people don't realize is that if the beat is downloadable it's getting put out anyway. And if it's not there's ways people can still get it off of your soundclick page. <-That's why I have nothing online.
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  16. Xabiton

    Xabiton RM Veteran

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    its not legal to use someone elses work without permission but it happens all the time look at how many cats on soundclick have sample laden music i can almost promise u none of them have cleared a got damn thing but then again its only illegal if u get caught
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  17. kniteshift

    kniteshift That ain't my alphabet b

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    ^
    just cause they don't get sued or caught, doesn't mean its illegal.

    In your theory, i guess that applies to rape, murder, and child molestation.
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  18. doubl3

    doubl3 aka AyHay

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    As long as you have "Only for promotional use" somewhere on the mixtape, it should be all good ..iunno about soundclick beats thoooo ..
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  19. Arcane

    Arcane Alcoholic Roadie

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    you can write that there if you want, but it's STILL violating copyright
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  20. War Machine

    War Machine Sam Antics

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    he's right. you need clearance. you poeple should know this. when you upload to soundclick..wat does it say? unless you've written, produced, and performed the song, u cant put it up, becuz its under sumone elses copyright protection. you cant take sumone elses lyrics and perform them for money, so why do you think taking thier beat would be any different?

    and whoever said "look how many mixtapes are out, they dont care, etc etc" ...All of those poeple get clearance.. thats why alot of people, like green lantern, or kay slay, use beats from people on thier own label for the artists who do freestyles or songs on their tapes.. becuz its automatic clearance basically.

    now if you're doing it for promotional use only, thats a completely different story. but just slapping "for promotional use" on it, isnt gunna cut it, you cant make a profit from it. you can fucking sample every artists ever known to man in a huge megamix and sing sumone elses lyrics over it, and its fine, cuz its free. you dont see cats bustin down doors at kareokee places suing poeple.

    there is a small thing, about how much you're making off of it though, that you MAY be able to use, to get around it, if you're not a huge selling artist, which, lests face it, 90 percent of you arnt. usually, labels, producers, artits, etc wont pursue a lawsuit, unless its comercially available, meaning, its in a store, or major website or cd provider... or, if its making a comercial release, meaning, planning to sell over 20,000 copies.. or something along those lines, i dont know what the exact number is. thats basically becuase, if your some guy on the corner only selling 1000 cds, its not hurting jay-z or trick daddy or whoever the fuck ur taking the beat from, but do realize... they CAN do it if you're making ANY amount, so, if ur gunna hide behind this lil loop hole, you have to realzie, while they probably wont go after you, its STILL a risk and possibility.
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