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KVR Forum » Samples, Sampling and Sample Libraries
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Why was Avicii...
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cruisy18
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PostPosted: Wed Aug 22, 2012 11:55 pm reply with quote
Why was Avicii allowed to use Etta James' vocals in his track, without crediting her in the title?
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jupiter8
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PostPosted: Wed Aug 22, 2012 11:57 pm reply with quote
A wild guess: money ?
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ksandvik
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PostPosted: Thu Aug 23, 2012 12:16 am reply with quote
cruisy18 wrote:
Why was Avicii allowed to use Etta James' vocals in his track, without crediting her in the title?


If he makes any bigger amounts of money, whoever is the current owner of Etta's recordings will contact him or his label asking for compensation.
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whyterabbyt
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PostPosted: Thu Aug 23, 2012 12:44 am reply with quote
cruisy18 wrote:
Why was Avicii allowed to use Etta James' vocals in his track, without crediting her in the title?


because there's no law anywhere which legally states that someone has to credit a vocalist in the title of a track?
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Goratrix
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PostPosted: Thu Aug 23, 2012 12:55 am reply with quote
She's properly credited on the release:

http://www.discogs.com/Avicii-Levels/release/3234254

Quote:
Written-By - Ash Pournouri*, Etta James, Leroy Kirkland, Pearl Woods, Tim Bergling*
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cruisy18
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PostPosted: Thu Aug 23, 2012 12:58 am reply with quote
Goratrix wrote:
She's properly credited on the release:

http://www.discogs.com/Avicii-Levels/release/3234254

Quote:
Written-By - Ash Pournouri*, Etta James, Leroy Kirkland, Pearl Woods, Tim Bergling*


Ah ok. Would have Avicii had to contact the label of Etta James, or is it legal to sell a track containing a copyright sample, as long as you formally credit the creator?
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whyterabbyt
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PostPosted: Thu Aug 23, 2012 12:59 am reply with quote
cruisy18 wrote:
Ah ok. Would have Avicii had to contact the label of Etta James, or is it legal to sell a track containing a copyright sample, as long as you formally credit the creator?


i'll say it again ; crediting someone is not a legal requirement. permission is required, that's all.
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cruisy18
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PostPosted: Thu Aug 23, 2012 1:14 am reply with quote
whyterabbyt wrote:
cruisy18 wrote:
Ah ok. Would have Avicii had to contact the label of Etta James, or is it legal to sell a track containing a copyright sample, as long as you formally credit the creator?


i'll say it again ; crediting someone is not a legal requirement. permission is required, that's all.


Cheers.
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ghettosynth
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PostPosted: Thu Aug 23, 2012 1:21 am reply with quote
cruisy18 wrote:
Goratrix wrote:
She's properly credited on the release:

http://www.discogs.com/Avicii-Levels/release/3234254

Quote:
Written-By - Ash Pournouri*, Etta James, Leroy Kirkland, Pearl Woods, Tim Bergling*


Ah ok. Would have Avicii had to contact the label of Etta James, or is it legal to sell a track containing a copyright sample, as long as you formally credit the creator?


I'm not sure if the existing answer was clear to you or not. Credit is neither necessary nor sufficient, it will do nothing for you at all. Permission is both necessary and sufficient, but you most likely will have to pay for that permission.

Related, is anyone here trying to imply Avicii did NOT license the sample? I find that very hard to believe as high profile as both the track and Etta James are.
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cruisy18
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PostPosted: Thu Aug 23, 2012 1:49 am reply with quote
ghettosynth wrote:
I'm not sure if the existing answer was clear to you or not. Credit is neither necessary nor sufficient, it will do nothing for you at all. Permission is both necessary and sufficient, but you most likely will have to pay for that permission.


Got it. Thanks Smile
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jupiter8
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PostPosted: Thu Aug 23, 2012 2:00 am reply with quote
ghettosynth wrote:

Related, is anyone here trying to imply Avicii did NOT license the sample? I find that very hard to believe as high profile as both the track and Etta James are.

He used the same sample in a track by Flo Rida so i find it very hard to believe it wasn't cleared.
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ghettosynth
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PostPosted: Thu Aug 23, 2012 3:29 am reply with quote
jupiter8 wrote:
ghettosynth wrote:

Related, is anyone here trying to imply Avicii did NOT license the sample? I find that very hard to believe as high profile as both the track and Etta James are.

He used the same sample in a track by Flo Rida so i find it very hard to believe it wasn't cleared.


Exactly. I assumed that the Avicii track came before Flo-Rida, which might have been a bad assumption, I don't actually follow the release of pop that closely.
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BertKoor
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PostPosted: Thu Aug 23, 2012 4:06 am reply with quote
wikipedia wrote:
In October 2010, Avicii signed with the European A&R team with EMI Music Publishing, one of the recording industry's "big four".
[...]
His track 'Penguin' was sampled by Leona Lewis on single "Collide". The sampling was not accredited and lead to controversy as Avicii attempted to block the singles release. However, matters was resolved outside of court with representatives stating "that Leona Lewis and Avicii will work together on the forthcoming single of Collide". [6] In 2011, Avicii released "Levels" (sampling the song "Something's Got a Hold On Me" by Etta James), which reached the top ten in [numerous countries]
And do read yourhttp://www.rollingstone.com/music/news/flo-rida-and-avic ii-remember-etta-james-20120124
Draw your own conclusions. Better yet, do a bit of homework before making assumptions.
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ghettosynth
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PostPosted: Thu Aug 23, 2012 5:11 am reply with quote
BertKoor wrote:
Better yet, do a bit of homework before making assumptions.


I'm going to assume that you're not talking to me because my assumption is correct. Levels was released in July 2011, Got a Good Feeling August 2011.

I'm pretty sure that I heard levels first but that has more to do with the fact that I don't follow the pop charts closely.
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BertKoor
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PostPosted: Fri Aug 24, 2012 1:38 am reply with quote
Correct, I was primarily talking to the OP Wink
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