Hidden track, avoiding legal issues

Discussion in 'Mastering' started by 11miles, Apr 27, 2008.

  1. 11miles

    11miles Guest

    i dont think this is the right topic for the right forum but still appropriate.

    I would like to know something...

    I made a song that incorporates a female. S spoken text. I can not find her, and it seems nobody has a clue where and how to find her. She is for certain not a celebrity, but still
    The song got quite famous among the bands listeners, and the release of our debut is coming up...

    I dont want to put in on the album because i have the moral/legal issues. I would not want the same thing happen to me.

    So i was thinking putting the song as a hidden track?
    Would that kinda remove some of the legal issues? I have read bands did this so they avoid some legal issues with former labels, authors...

    Anyway, just asking.


  2. Thomas W. Bethel

    Thomas W. Bethel Distinguished Member

    Dec 12, 2001
    Oberlin, OH
    Home Page:
    If in doubt DON'T

    In this litigation crazy world we all seem to be living in where anyone can sue anyone for anything at the drop of a hat I would be inclined to err on the side of caution.

    If you really have doubts about this then I would spend a couple of minutes with a copyright attorney and ask him or her. It is going to cost you some bucks but if you get sued it could be a very small percentage of what someone could sue you for.

    Making something harder to get to, i.e. a hidden track, does not mean anything in legal terms and may point to the fact that you knew this was illegal but were hiding it which is not good if you go to trial.

    I am not a lawyer nor do I play one on television so any advice you get from me is worth what you paid for it.

    Best of luck!
  3. BobRogers

    BobRogers Well-Known Member

    Apr 4, 2006
    Blacksburg, VA
    Tom is right. You need a lawyer who knows copyright law as applied to the music business.

    My understanding is that hiding the track doesn't buy you anything legally. (Remember, you read this on the internet, so it must be true.)

    Was the spoken text a sample? Can you record someone else reading the text? Do you have the rights for the text?
  4. 11miles

    11miles Guest

    hi guys.

    thanks for quick replies.

    Its a short story by a french novelist who died some 100 years ago.

    I dont know anything else about the text. published,recorded???

    i do know that plan B is someone else reading the text.
    And i guess that is what i will do.

    Thanks a lot for responding.

    Appreciate the help


  5. JoeH

    JoeH Well-Known Member

    Jun 22, 2004
    Philadelphia, PA/ Greenville, DE
    Home Page:
    Is she REALLY that unreachable? Fallen off the face of the earth, or is it a case of bad blood, don't really want to find her in case she DOES complain?

    These days, (for a couple of bucks if nec.), you can find almost anyone via websearches, or people who do this sort of thing for a living. If you think there's a chance she might find out about the track via friends, the web, email or radio play, then she's reachable; some way, some how.

    Unless she's literally in hiding, changed her name, or is living in a cave somewhere, she should be find-able.

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