sample clearances....

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Apr 25, 2002
2,207
2
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#21
It doesn't matter if you put 'for promotional use only', or if you give the music away for free, or anything else. If you use someone elses works without written consent or the appropriate license to do so, you are subject to legal action. There is no exceptions.

Technically even if you burn 10 copies, thats enough to wind up in court. 1 copy is enough. But to comment on what 50cal said ("only 200 copies dont trip"), it's true that when you're dealing with tiny quantities like that, the risk is far less. The reason being that it would cost more in court & lawyer fees to sue you then they could ever get back by winning a judgment. However, people have been sued over crumbs and low quantities. I think you mentioned Nintendo. Nintendo isn't a record label and they don't fuck around, especially if you're messing with their top franchises.

Like anything else, there's a risk involved and you have to decide for yourself if it's worth the risk. The only way to eliminate that risk is with the proper paperwork. If it were me in your shoes, I'd probably take the risk since you're completely off the radar (as far as I know). Don't take that as my advice to you however!
 
May 1, 2003
6,431
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#22
Some companies will sue the pants off of you even if you don't have that type of loot laying around. Making it just about impossible for you to profit from ANYTHING in the future.
 
Nov 20, 2007
3,090
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#23
It doesn't matter if you put 'for promotional use only', or if you give the music away for free, or anything else. If you use someone elses works without written consent or the appropriate license to do so, you are subject to legal action. There is no exceptions.

Technically even if you burn 10 copies, thats enough to wind up in court. 1 copy is enough. But to comment on what 50cal said ("only 200 copies dont trip"), it's true that when you're dealing with tiny quantities like that, the risk is far less. The reason being that it would cost more in court & lawyer fees to sue you then they could ever get back by winning a judgment. However, people have been sued over crumbs and low quantities. I think you mentioned Nintendo. Nintendo isn't a record label and they don't fuck around, especially if you're messing with their top franchises.

Like anything else, there's a risk involved and you have to decide for yourself if it's worth the risk. The only way to eliminate that risk is with the proper paperwork. If it were me in your shoes, I'd probably take the risk since you're completely off the radar (as far as I know). Don't take that as my advice to you however!

nah that's real what you're sayin. and yea i'm way way off the radar and totally unknown. i just worry about what if out of nowhere i end up on the radar and then the song gets hella popular by chance. even with 200 copies. mario is and always will be the biggest thing for nintendo. even if the sample i used is from 20 years ago. but i'll probably just end up replayin it so they can't fuck wit me and put a couple of different notes on it.