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Question: Do I need a license to sample a track?

Answer:"Yes, you must obtain a clearance, or copyright license, for every sample that you use in your recordings. You can get a license from the copyright owner directly and negotiate a fee. Also, because both the composition and the sound recording are used in a sample track, you must obtain two clearances: one from the owner of the copyright in the song, and one from the owner of the rights to the sound recording. Sometimes this may not be the same person or company."


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Four Defendants Sentenced in Federal Online Piracy Crackdown

WASHINGTON - David Chen Pui, 27, of Fountain Valley, Calif., and David Lee Pruett, 35, of Auburn, Washington, were sentenced to prison terms of 12 and 18 months, respectively, Assistant Attorney General Alice S. Fisher of the Justice Department's Criminal Division and U.S. Attorney Gretchen C.F. Shappert of the Western District of North Carolina announced today. Pui and Pruett were sentenced for their involvement with online software piracy. They were prosecuted as a result of the Charlotte, N. C., component of Operation FastLink.

Pui and Pruett each pled guilty to a single felony count of conspiracy to commit copyright infringement, Pui for distributing pirated works from his own and other Internet sites, and Pruett for his involvement in the software release group “Legenda Never Die” or “LND.” On June 27, United States District Court Judge Graham Mullen sentenced Pui to 12 months imprisonment, and today Mullen sentenced Pruett to 18 months imprisonment. The sentencing of Pui and Pruett follow the recent sentencing of Franklin Edward Littel and Shawn Laemmrich in United States District Courts in Indianapolis and Marquette, Mich., respectively. The four defendants were investigated and charged as part of the same FBI undercover operation headquartered in Charlotte. Both Little and Laemmrich were sentenced to eight months in prison to be followed by eight months of home confinement.

These are the first federal criminal sentences for members of the so-called “warez scene” from the Charlotte component of Operation FastLink, an ongoing federal crackdown against the organized piracy groups responsible for most of the initial illegal distribution of copyrighted movies, software, games and music on the Internet. Operation FastLink has resulted, to date, in more than 120 search warrants executed in 12 countries; the confiscation of hundreds of computers and illegal online distribution hubs; and the removal of more than $50 million worth of illegally-copied copyrighted software, games, movies and music from illicit distribution channels.

“Software piracy is no small matter. It robs the rightful owners of the value of their property,” said Shappert. “Software piracy is cyber-theft, and the prison sentences given in this case underscore the serious consequences of this crime.” Read more at usdoj.gov



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Helpful Terms

Geneva Phonograms Convention

Definition:
Known formally as the Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms.

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