legal questions

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yee

Sicc OG
Oct 1, 2005
2,487
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#1
sup everyone i'm tryna start hustlin mixtapes i got a artist n he gon host my mixtape but i wanted to know if it was legal like if i put a big named artist mixed in in my mixtape is that legal or can i get in trouble for that in tha long run.
 
Apr 25, 2002
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#2
It's illegal to use unlicensed materials on anything intended for public consumption. The bottom line is YES you can get in trouble REGARDLESS of whether or not you are financially profitting! A lot of people think if there's no bar code, you're not making money, it's a promotional item, or "just being used for a mixtape" that somehow copyright laws don't apply. WRONG!

On the flip side, most mixtapes don't sell numbers worth mentioning and with few exceptions, no real money is being made therefore most people don't get sued because it's pointless to sue someone who has nothing (unless it's to make a point). Let your shit blow up and see how fast the lawsuits get filed though.

Here's a thought though... Instead of using the work of other people (who probably don't even know you exist) and their names to help advertise a cheap attempt at pretending to be in the music business, why not invest your time & energy into making an original product and present that to the people instead? You won't have to worry about legal action being taken against you and who knows, you might actually create the next big commercial smash hit! If you're just now trying to get into the mixtape scene, you're a little late homie. You gotta be atleast one step ahead, not two steps behind.
 

HERESY

THE HIDDEN HAND...
Apr 25, 2002
18,326
11,459
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www.godscalamity.com
www.godscalamity.com
#3
Sick Wid It said:
It's illegal to use unlicensed materials on anything intended for public consumption. The bottom line is YES you can get in trouble REGARDLESS of whether or not you are financially profitting! A lot of people think if there's no bar code, you're not making money, it's a promotional item, or "just being used for a mixtape" that somehow copyright laws don't apply. WRONG!

On the flip side, most mixtapes don't sell numbers worth mentioning and with few exceptions, no real money is being made therefore most people don't get sued because it's pointless to sue someone who has nothing (unless it's to make a point). Let your shit blow up and see how fast the lawsuits get filed though.

Here's a thought though... Instead of using the work of other people (who probably don't even know you exist) and their names to help advertise a cheap attempt at pretending to be in the music business, why not invest your time & energy into making an original product and present that to the people instead? You won't have to worry about legal action being taken against you and who knows, you might actually create the next big commercial smash hit! If you're just now trying to get into the mixtape scene, you're a little late homie. You gotta be atleast one step ahead, not two steps behind.
Priceless.
 
Mar 17, 2006
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#8
Sick Wid It said:
Here's a thought though... Instead of using the work of other people (who probably don't even know you exist) and their names to help advertise a cheap attempt at pretending to be in the music business,QUOTE]


Wow, you just insulted every mixtape DJ in history.

If people are putting entire songs and putting a goddamn explosion between them, then I agree with you.

But the true definition of mixtape is a DJ with skills doing things with the records that make them sound *different* than the source material being used (be that scratching, slowed & chopped, blends, multi-track mixing, whatever).

"Using the work of other people" is what good DJ's do, when done correctly, it's a beautiful thing,



STRATEGY
 

yes

Sicc OG
Feb 9, 2006
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#10
SHIT I KNOW FOR A FACT THE


WTF THAT MIXTAPE CALLED

BAY RIDAZ MIXTAPE I THINK

THEM MUTHA FUCKAS SOLD A FEW OF DEM AND DIDNT GET CAUGHT ON THE BACK THE PUT "PROMOTIONAL USE ONLY" LOL
 

GHP

Sicc OG
Jul 21, 2002
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#11
it doesn't matter,if you press someone elses music, regardless on if you make a dime off it you still pose the risk of getting sued by someone. Putting a promotional use only tag on it don't mean a hill of shit trust me, i took a music business course that was taught by a lawyer. Thing is there are just too many people out there doing the same shit for people to get busted for the most part but try sampling some shit and lets say by some miricle you end up on the radio. You better get that shit cleared before someone takes your ass to the cleaners. There ain't much use in suing someone whos broke, they always go for the steep pockets
 
Apr 25, 2002
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#12
STRATEGY_510 said:
Sick Wid It said:
Here's a thought though... Instead of using the work of other people (who probably don't even know you exist) and their names to help advertise a cheap attempt at pretending to be in the music business,QUOTE]


Wow, you just insulted every mixtape DJ in history.
Did I? Maybe you can explain that to me since I wasn't addressing every mixtape DJ in history. The only people who should be offended by my comments are the ones who know it describes them.
 
Mar 17, 2006
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#13
Sick Wid It said:
STRATEGY_510 said:
Did I? Maybe you can explain that to me since I wasn't addressing every mixtape DJ in history. The only people who should be offended by my comments are the ones who know it describes them.

ok, I'll try.

"Instead of using the work of other people (who probably don't even know you exist) and their names to help advertise a cheap attempt at pretending to be in the music business"

It sounded to me that you were making a generalization about DJ's who make mix tapes that exclusively contain commercially available tracks (with no original lyrics or beats on them).

I was trying to make the distinction that there are two ways that can be done:

1) a real DJ putting in work on the tracks in a way that brings something new to the table in how the tracks are creatively presented (mixing, scratching, remixing, overdubs, blends, efx, slowing & chopping, whatever)

2) a fake ass DJ who wants to sell a "mix CD" that's capitalizing by cramming as many as the currently hottest songs on one disc. There is no semblence of DJ skills happening, lame-ass gimmicks are used to transition between songs (explosions, gunshots), sound quality is often poor, etc.

#1 is what I try to do.

#2 I personally feel is about the same as bootlegging full CD's in front of California Check Cashing. The difference is you can get these in Rasputin's Amoeba, etc. Sometimes these look like they're made with the artists blessings. That's fine I guess, but I still don't have time for them for the reasons stated above.

Both are technically illegal as you know.

When you made the comment, you didn't make that or any distinction, so I had to guess that you were making an overall generalization.

If I was wrong, which it sounds like maybe I was, my apologies.


STRATEGY