Is this legal?

[MitchT]

If I did a trance remix of a massive pop hit and posted it on my Soundcloud would I be breaking any laws, re copyright? I wouldn't be making any money from the track, just using it to flag myself up to the music world as a potential remixer.

[Mojooo]

Copyright legislation covers amending other peoples work and use commercially and non commercially - you would probably be opened to being sued.

You might find it hard to argue it is not commercial use if you are using it to further your career - you would have to check but I don't think commercial use necessarily involves being paid - otherwise anyone could use any music on their advertisements for example.

If you are giving it away why not try to get permission?

Realistically I doubt the copyright holder will care unless
- you start making money off it
- they hate your remix
- it gets very big and they see potential to try and obtain rights over it.

[MitchT]

What happens with bands that perform covers in the pub? They seem to be allowed to do it. I guess they (or the venue) has a PRS license, so would a PRS license be enough to cover me to stream a remix from my Soundcloud?

Obviously if there was any opportunity for a track to make money then I'd be happy to ensure that the entitled parties received their cut of the proceeds.

[Miguel Alvarez]

I'm a bit rusty on the laws regarding performing someone elses song in a pub for example but if you were to do a recording covering The Look Of Love you'd need to get permisson from whoever owns the rights to that Burt Bacarach piece.

In simple terms you're using someone elses work to further yourself. If your mix was strong enough as it was you wouldn't need the pop vocals/rift/sample running through it. Not saying your music isn't strong I come from a rap background where sampling is pretty much the norm but that is the basics of it. So ultimately its ilegal.

Whether someone would care or not is a different matter.

The other issue you have is the original owner taking your idea and re-doing something similar leaving you in the cold. A pop tune would more than likely have big budgets behind it so you'll be left with a remix to a pop tune sounding like the big "offical" remix they've just put out.

[Mojooo]

I very much doubt a standard PRS licence will do it as it is forp layign music to the public, but they may offer a comemrcial alternative?

As far as live music goes I THINK you can perform it freely but you cannot then sell the recording - which is why often some bands live DVDs will have covers missing - because they don't want to pay royalties.

[MitchT]

This is interesting, and could big a big help to me...
http://creativecommons.org/legalmusicforremixing

[Shay HTFC]

Just stick it on youtube with some "if you want this taken down, email me" wording. Seems thats what everyone else does.

[Bullett]

A venue must be licensed for live music. Can't recall if it's covered by PRS or MCPS or another group but essentially a pub would pay a blanket charge. It's not the acts responsibility it's the venue.
Some bigger places will pay depending on the tracks, I have had to submit a set-list noting the original and cover songs and the original artist if relevant.

I guess Soundcloud will count as a public release so you'll need permission. That said, I've seen covers on there so probably not a major issue, you'll just get it taken down. I suspect it will be covered under their Q&A.

[Hoofy]

Shay HTFC said:

Just stick it on youtube with some "if you want this taken down, email me" wording. Seems thats what everyone else does.

Indeed, what happens is that YT's system will flag it as a copyright breach and link to the matched song on iTunes so it can make money. Even if your tune is 100% your own. (I put something up twice and it matched it to two different tracks. )

[Bullett]

MitchT said:

This is interesting, and could big a big help to me...
http://creativecommons.org/legalmusicforremixing

Unlikely that your source material (massive pop hit) will be creative commons though.

[MitchT]

Bullett said:

Unlikely that your source material (massive pop hit) will be creative commons though.

Good point.

In the past I've had a few exchanges with a guy who remixed a Lady Gaga track, so maybe I should track him down and ask for some pointers.

[davepoth]

MitchT said:

Bullett said:

Unlikely that your source material (massive pop hit) will be creative commons though.

Good point.

In the past I've had a few exchanges with a guy who remixed a Lady Gaga track, so maybe I should track him down and ask for some pointers.

If you don't ask permission in advance, the rules are more or less the same as if you had posted the original track, the payments may be a little different though.