It depends on a couple
of things: how you plan to use the music and whether or not the average
listener will be able to identify the samples.
Typically, you won’t
have an issue if you abide by the following:
-Only use the music for
personal use (as in you make absolutely no money)
-You are performing the
music live (as in you are not copying and selling the music).
-If you do distribute to
the public, then the average listener can’t tell what the samples are or if
your use falls under the “fair use” category.
Meeting Fair Use
Requirements:
-When making this
determination, the courts will consider the following points:
-Did the original owner
suffer financially due to your use of their samples?
-Did you totally
transform the sound to create a brand new song?
-Did you take a large
portion of the original song?
-Keep in mind, many of
these questions are subjective and it’s not a clear cut situation by any means.
When it doubt: Ask permission. This is the absolute easiest
way to avoid any kind of litigation. Reach out the the original owner and
simply ask them if you can use a sample of their music to incorporate in your
own. Usually you will need to obtain permission from the copyright owner of the
song (publisher) and the copyright owner of the master tape (record company).
It is wise to consult
the advice of a IP attorneys in Vietnam to
help assist you with your trademark. We are a legal marketplace with quality
lawyers who are knowledgeable in various areas of the law—including intellectual property rights.
Source: Quora
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