Freesound Forums

I used the attribution licence on my samples and found that this one....

http://www.freesound.org/people/mushino/sounds/205826/

As bad as it may be, it has been used in this song without my permission...

https://soundcloud.com/dillonfrancis/dillon-francis-nghtmre-need-you

If that isn't cool enough there's a remix album too!!! Anyhow no one contacted me for permission or credit (one of your users realised and very kindly sent me an email). I've tried to contact him and his managment team for the past year but i've had no answer and feel that its a bit unfair.

I would like some advice and an open discussion to help me to decide what i can do without being too much of a dick about it. If you check the upload date of my sample and compare it to the date the song was written you can see that i'm right... Also my sample has been downloaded 100x more than the others.

Please help
Thankyou
Tom (Mushino) (Astroman)

Can someone please respond to my post... pleeeaaasssee

please contact an entertainment attorney and LET HIM KNOW
millions of records were sold or register your acapella with BMI

That's the problem with the big vs. small. The violation of the license is evident, but he doesn't need you permission to use the sound (within the license).

At least make a screenshot of the soundcloud release to have a proof of the violation of the license. Now, depends on what you want: credit or money?

goingnowhereeatingthings wrote:
but he doesn't need you permission to use the sound (within the license).

I think what he means is that it was used unattributed without his permission, given that the sound is CC-BY. That is outside of the license terms.

I could use a CC-BY-NC license in a hollywood blockbuster film without crediting, as long as I got the necessary concrete permission to do so from the author.

@mushino

If you are really serious about taking legal action, your only logical route would be to hire a lawyer. Yes it's expensive and you'll have to assess wether or not it's worth chasing this Dillon Francis person or not. We aren't lawyers here, however, I would have said try to contact them and make a demand that you will seek legal action if they do not reply in X amount of time. that seems to ruffle a few feathers, and if they stand to lose then they will oblige. And it's all dependent on the value of this person/song really; they are bound to ignore you at first because you don't appear to be a threat to them. You have to turn the temperature up on the oven in order to get your way, you can't be modest and win at this game, not with a big-time artist like this with a major label backing.

If you really need to get something back from this then you're gonna have to be 'a dick about it' to use your phrasing. You have limited options here i'm afraid, either be a threat yourself or hire a lawyer to be the threat for you.

Yes that's right he didn't credit me or contact me at all.

Thank you for answering me, I think I knew the answer really. Such a shame the world has got like this.

Well I've got a lot to think about because this song has been on MTV and most of the major radio stations. Iv'e counted over 50 million plays across you tube and SoundCloud.

I'll probably just leave it though... I'll have to think about it.

Thanks again

an other suggestion;

Send a personal email to his management.

Tell them that you're disappointed with such a great and proffesional artist. Tell your story.

Suggest to make a reasonable donation to freesound.org to forget all about it. And that it is not your goal to make monney out of his succes yourself.
Ask them to be more carefull ussing sounds from freesound.org without credits.

(I know it is abit of a PLEASE mail but effective I'll guess. In the pat this was succesfull in the past by me. Normaly management do not want to have negative post running on freesound.org that could be copy/past to to facebook/twitter ore other platforms.)

good luck

broooo just try to contact them through twitter and i wouldnt ask for any money tbh

I dont want to sound rude but, the sample you made does not require much effort to make or recreate, you just hit the record button and said a phrase, i know this isn't a proper excuse for the illegal actions he has committed, but for what you have to go through to get any result from this it would probably not be worth it. if it were me, i would just let it slide. I help people all the time for small things if it requires little to no effort for me. if you think the song has become successful because of your sample, that is simply not true.

Kodack wrote:
I dont want to sound rude but, the sample you made does not require much effort to make or recreate, you just hit the record button and said a phrase, i know this isn't a proper excuse for the illegal actions he has committed, but for what you have to go through to get any result from this it would probably not be worth it. if it were me, i would just let it slide. I help people all the time for small things if it requires little to no effort for me. if you think the song has become successful because of your sample, that is simply not true.

You know, there is some rare shit that it's really expensive, but shit itself is really common... https://en.wikipedia.org/wiki/Artist%27s_Shit

"You know, there is some rare shit that it's really expensive, but shit itself is really common... https://en.wikipedia.org/wiki/Artist%27s_Shit"
Great. That's I call the point.

Thank you for responding guys, I've got a mixture of feelings about this...

1 - the sample used was something I couldn't use because I thought it was really really bad and it still embarrasses me when I hear it.
2 - if it was so bad and so easy to recreate wouldn't he of done something similar himself?
3 - the licence applied to it wasn't the "free for all do what you want" one but the "credit me with recognition one"
4 - it's had over 50 million plays!!!
5 - I don't know if I care... to be honest this discussion is enough attention. I don't think that I can be bothered.
6 - for god sake it was the main drop in one of his biggest hits and there's a remix album!!
7 - if I become bothered when I'm 70 years old I might still have a chance.
8 - it's pretty flattering as it is.

Thank you so much for your advice. All comments are being digested and I'll just have to wait and see what comes out the other end.

Long time ago, something similar happened on relation: user from freesound.org vs Prodigy band. Older members could remember, how it was resolved. I think they nicely paid the bloke.
Good luck and keep us posted.

I think he didn't do it himself because he didn't have that accent he wanted.

zagi2 wrote:
Long time ago, something similar happened on relation: user from freesound.org vs Prodigy band. Older members could remember, how it was resolved. I think they nicely paid the bloke.
Good luck and keep us posted.

I remember this. I wouldn't exactly call it "nicely paid" :-/ although the guy was quite humble about his experience.

Here's what he wrote:

nicStage wrote:
Hell, even when the band Prodigy used one of my sounds from freesound.org without attributing me, I accepted a deal where they just gave me a dollar and promised to attribute the sound in the future. At least they were creating something.

@Headphaze-thanx
I just remember that they had admitted usage of sound from freesound.org, and made a deal with the user.
Didn't know about the dollar

Kodack wrote:
I think he didn't do it himself because he didn't have that accent he wanted.

So just steal a sample and ignore the licence then right?

yeah lol

I would approach the producers you think are his nearest competition and say "my voice was used on this massive dancehall tune, want to collab?" and get them to sign you recording, performing and songwriting rights before you record.

Use this to your advantage.