Sampling Copyrights

[Ghostgirl705]

I have done my mandatory pre-post google search on this topic, I still have no idea what to do, and I don't even know if anyone can help me But i am at a bit of a loss here. :P

As I think a few of you know I am involved in a small independent record label called SlimChance Productions. Basically this is my boyfriend and I and we produce music out of out house. He works with quite a few artists across the country via the Internet and has 3 albums coming out this year.

Here is the problem, he started working with one artist in Louisiana about 4 years ago, they had a few songs that they worked on together for fun, not to distribute. One of the song includes a sample from a Chicago song that if distributed would be considered copyright infringement. This song was sent to the artist in Louisiana 4 years ago and now this guy has decided to sell a "sampler" album with this song on it.

We have already asked him to please remove this song from his sampler because of the legalities of the situation, but he will not. Because this song is being distributed under with the SlimChance name on it, we, my boyfriend and I, being the owners of the business, are liable.

Now my question is, besides getting a lawyer involved what can we do as the record label to not be held accountable for his actions?

I was going to email him a cease and desist, but will this be enough to cover our butts? Also if I ask him to remove the SlimChance labal, will this do anything?

[indivision]

To the best of my knowledge, at this point, you dont need to do anything. Maybe just email him and tell him that you do not give him permission to distribute the song and keep that email and any of his responses.

You're not responsible for the illegal actions of others. As long as making the song in the first place isn't illegal, you're fine. If Chicago ever sued the guy, all you would need to do is say that you werent involved in the distribution and warned the guy not to do it.

You could write a formal cease and desist. Technically, an email telling him not to do it is the same thing in this case. Though, normaly, a cease and desist is used in a case where someone is making money off of something you did rather than trying to prevent someone from doing something illegal with your work.

[admedia]

There's a slim chance you will be sued.

[Ghostgirl705]

OK I emailed him and told him we do not give him permission to distribute the song and that is there was any legal action that we are not responsible. I hope that me emailing him that is going to be enought to get him to stop.

Thanks Indi.

There's a slim chance you will be sued.

This is only funny if you are wearing the google biking unitard as you write this.

[indivision]

np. im not a lawyer or anything. but, i really think thats all you need to do to protect yourself there. hopefully he just reconsiders distributing it.