Posted in : Forum : The Music Business
Discuss anything related to the business side of things. getting signed, starting your own label, contracts, distributing your music, licensing tracks, getting paid for gigs etc
Hey everyone, you may or may not have heard my loops on here but I make guitar loops and have been posting on and off over the past 5+ years on looperman.
Within that time, my loops have been downloaded 20,000+ times and used in loads of songs.
A couple songs worth mentioning:
"all my friends" by 21 savage ft. post malone (2018)[my loop- Floaty Sad Guitar Chords]
"amy's grave" by aries (2019)[my loop- Pop Punk Guitar Riff]
The reason I'm making this post is because I've always wandered whether I was supposed to be credited in some way. Can I say that I co-produced these songs despite not being directly involved in the creation of the song?Am entitled to anything?Has anyone else had their looperman samples used in a big song and how did your experience differ to mine?
your loop is royalty-free and can be used by anyone, with or without credit, so 21 Savage, Post Malone, and Aries don't owe you anything.
You should actually be owed alot of money ! I believe regardless of where the sample was downloaded you are entitled for your composition . I would contact an entertainment lawyer asap.
@jaroszmadethis that's not true. the looperman Terms and Conditions state this:
"You acknowledge and agree that other users may use the media you upload to the loops area royalty free in their own projects as long as their projects abide by the terms and conditions as set out in our copyright and use of loops statement."
fincw is not actually entitled to any royalties accrued by artists who use their loops in a song.
You can just get the song taken down if they dont want to credit you.
And I would still seek legal advice , youd be surprised what you can get back.
they don't have to credit you if it's royalty free.
@JAROSZMADETHIS - @randyrandomson is totally correct. Anyone is free to use the loop without having to credit anyone. It would be nice if these people would credit others but they want to claim it's all their own work so they don't bother and crucially, they are not legally obliged to anyway.
On what basis can you request the song to be taken down? "Hey, can you take this song down please as it is using a royalty free sample which is free to use by anyone and which doesn't require any credit to be given for its use". Good luck with that.
According to COPYRIGHT AND USE OF LOOPS by Looperman.
"All samples and loops are free to use in commercial and non commercial projects*."
"While you may use loops in your own productions / tracks / video soundtracks etc you can NOT claim copyright of those loops as is or as part of your orignal composition. You may claim copyright of your composition but NOT of any content that is downloaded from looperman.com"
So this may be interpreted as the song (for example) you creted using a Looperman drum beat (for example) is your own creation and you do not need to pay royalties for the use of it. However, only a part of the creation is your own. When I register my music with APRA/AMCOS, I am asked "CONTRIBUTORSInclude everyone involved in writing this work Sharing rights."
Therefore, when a TV show, radio show or something uses that tune the co-creators each get a share of the royalties paid by that TV company etc. If a 4 piece band singer, guitarist, bass player and drums all had equal shares in the creation of a tune and it is registered with a copyright agency, then each get a share.
I had a two piece band. I like my drummer and the way he played drums on one tune I created. So every time we played the tune live, and I registered the performance, the drummer would get a percentage of the royalties paid by APRA/AMCOS about once a year. We were not a hugely successful group but it was good for a laugh. I have had my music that I have sold on Pond5 pay royalties from it being used on TV shows.
I suspect that if these musicians have registered their tunes, sold albums and performed live with these tunes. Then they should have not registered as the sole contributor of the creation but as a percentage. Therefore fincw may be entitled to some percentage of royalties paid by radio stations, TV shows, live performances etc not necessarily directly from those using the loops e.g Malone and Aries.
No, I don't believe they would be entitled to anything
@couchie you are misunderstanding the section you quoted. All that means is that you cant claim a loop used in a composition as your own loop. You can claim the composition itself as your own though. None of these artists claim that the loop is their own, just the composition itself. Just to reiterate, the loop owner has no claim whatsoever. This has come up many times before and the answer is always the same.
you could ask them for a donation maybe. They would not have to give you anything, but if they made a few million they might think you know what... what the hell, it served me well
I had a guitar loop of mine not only included in a commercial sample pack but actually used in the demo for it. Some jerk off claiming to be a hot shot New York producer actually stealing loops from an age pensioner in Adelaide Australia. While using loops in a commercial production is one thing, stealing them and repackaging then, unaltered, under false pretences is entirely something else. Small wonder I haven't posted in here for years.
I think the only thing you are entitled to is bragging rights, dude. But...it could be worth it's weight in gold, who knows. Those LA producers could hit you up one day wanting you make a whole ass song for a big musician. It's unlikely, but possible I think.
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