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  1. #1

    Default Downloading Music That Uses Uncleared Samples, Unwittingly

    Here is the scenario: I am looking for some new experimental/nujazz/ambient/hiphop tunes. I find some tunes I like, either offered for free by the artist, or for a small price. I download the tunes. It turns out that the tunes contain uncleared samples or sounds that are copyright infringement of some sort, but I do not recognize said sounds, and have no idea that this is unoriginal work.

    Would I be held responsible for illegally downloading copyrighted material?

    Also, how can one tell if a recognizable sample has been transformed enough to be covered by Fair Use doctrine?

    How can I download independent artists' music without risking this issue? Is this even something I should be concerned about, as a consumer?

  2. #2
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    Default Re: Downloading Music That Uses Uncleared Samples, Unwittingly

    If you download bootleg, copyrighted content, it is possible that you will become the subject of legal action by the copyright holder.

    If you want the chance of that to be zero percent, then purchase your music from the copyright holder or an authorized vendor, or get it through a valid subscription service that you pay for.

    If you can recognize any aspect of the original then, no matter how much it has been altered, it's a derivative work that remains subject to the original copyright.

  3. #3

    Default Re: Downloading Music That Uses Uncleared Samples, Unwittingly

    Thank you for the information!

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