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[JMickle]

I want to make a remix album/EP of some of my favourite songs, but what are the rules regarding the copyright? Can I actually release it at all? Can I release it if it's for free?

[JoeManaco]

I think you aren't allowed to to that without the agreement of the artist / composer. However, at least in germany, it is possible to cover songs (no changes in text or melody are allowed) without a licence. But then you have to pay GEMA-fees.

[JMickle]

ah bums.

[dkanaga]

Legally, it's not allowed, but if you're releasing the mixes for free, it probably won't be a problem . Ever heard of Girl Talk? He releases music that's entirely sample-based, using copyrighted material with very little processing/manipulation (here is his newest album, with samples listed as they play).... he even charges money for albums, and so far it's all been protected by Fair Use.

I think if you want to make something, make it! probably won't be a problem, especially if its free...

[moi]

you can only get away with it if it's not for profit and it passes as "citation" or satire or fair use or somthing like that, from example you can prabably upload a cover of you doing somebody's song on youtube, as long as it doesn't look too professional. But in any case, the copyright holders keeps the right to ask you to cease and desist and/or sue you.

[Brother Android]

But if you're not charging money, I'm pretty sure a cease and desist is as far as they can go, since you haven't deprived them of earnings. Plus no one cares unless you get ridiculously famous like that.

[Chef Boyardee]

Just do whatever you want. Nobody cares.

[JMickle]

well that doesn't seem so bad. thanks for all the info.

[moi]

But if you're not charging money, I'm pretty sure a cease and desist is as far as they can go, since you haven't deprived them of earnings. Plus no one cares unless you get ridiculously famous like that.

They can still sue you, just for kicks.

[JMickle]

http://beat-torrent.bandcamp.com/

seems its all fine. I wasn't even looking for examples and I found this really quickly, so I doubt there's any problems with it.

*goes forth and multiplies*

[Kylotan]

But if you're not charging money, I'm pretty sure a cease and desist is as far as they can go, since you haven't deprived them of earnings.

If that were true, nobody would be getting into trouble for software piracy.

It's copyright infringement, and against the law in most countries. I'm not saying it's right or wrong, but that's the legality of it. If you want to use samples legally, you either need a licence from the copyright holder, or to be able to prove that it's fair use (and mashups and remixes are almost certainly not fair use).

[pelle]

This (free) movie on the subject of remixing and copyright is good and includes a lot of Girl Talk music (and interviews etc):

http://ripremix.com/getdownloads/

As far as I know, and from what is said in that movie, there is no Fair Use protecting artists like Girl Talk. If he is getting away with this it is only because no one has bothered to sue him yet (maybe it would even be bad PR so artists avoid doing it?). Not everyone has gotten away with doing mashups/remixes of their favorite commercial tracks though.

The movie Copyright Criminals is also about people remixing other peoples music, interviewing people on both sides (artists that have had their tracks illegaly remixed and those doing the illegal remixing) and talks about some court cases etc.

Actually the two movies overlap a bit so I don't remember clearly what interesting interviews etc were in which movie, but both are definitely well worth watching.

The book Remix! by Lawrence Lessig is well worth reading as well (or any of his other works, like Free Culture that is available for free online; or if you are lazy you can just look up some of the videos on youtube of his talks).

[JMickle]

But if you're not charging money, I'm pretty sure a cease and desist is as far as they can go, since you haven't deprived them of earnings.

If that were true, nobody would be getting into trouble for software piracy.

Remixing isn't the same as piracy. Not by a long shot.

[Kylotan]

Remixing isn't the same as piracy. Not by a long shot.

Ethically, of course not. Legally, it's pretty much the same - unauthorised use of copyrighted material. The important thing is that, as with piracy, the fact that no money changes hands doesn't change the legality - no permission for copying or re-working of that material was given.

[Brother Android]

If someone really wants to start suing random people on the internet for sampling them in free songs, they can go ahead. It'd be terrible PR. Maybe in principle it's the same thing as piracy, but in practice it's treated differently (although it's not like piracy laws are really enforced with any frequency either).

Besides, suing people who don't have any money doesn't do anything except make you have to pay legal fees and also look like a dick.