Sampling Records - Clearing Samples

i know if i sample a song i have to get the rights for it but
what if i only chop small parts of a song as little as 2 seconds and loop them?
(from first kick to frist snare)

will small sample looping get me sued?

you wont get sued...

unless your song is getting massive radio plays/downloads/listens and you're making some serious gwap from it, don't worry.

besides its not your job to clear the sample... make the beat and if the artist really likes it they'll have their own team look into it

edit: if you're really worried about it hire an entertainment lawyer and get him to write up a contract saying its the artists job to clear any samples...


theres a lawyer in these forums somewhere.... i want to say IANCANEFIRE? i might be wrong though... dunno if he's a entertainment lawyer either

even if they are only 2 second samples that are looping for some minutes?

crystal wrote:even if they are only 2 second samples that are looping for some minutes?

I will almost guarantee it...

you get the forknspoon guarantee stamp...




these lawyersdon't have the energy to track down everyone thats used a 2 second sample... everyone in these forums would be broke............ multiple times

like j dilla only sample like 2 seconds for the entire song..
think he cleared it?

sampled this
http://www.youtube.com/watch?feature=pl ... c5Ifp1Yw7k

from this
The Stylistics - Maybe It's Love This Time

that's some what of what i want to do

I've sampled the stylistics on.... 2 different beats that i can think of right now... that have been played on the radio.

lawyers still haven't busted down my door, or touched my wallet

but it can happen?

fck it... you'll get sued. don't bother doing it, you will be charge to the full extent of the law. I will personally search out your songs and ship them off to the labels where you got the samples from

I feel like i should sig that... It came from lamp it must be true

I need a "burst out laughing" smiley .... With a pointing finger.. Making you hear it like: pppuahahahaha!!!

If you get my drift...

It doesn't matter whether Dilla or Shadow cleared this that or the other, it doesn't matter if it's one second or 1 minute and is doesn't matter if it's flipped beyond recognition - generally speaking if you sample someone else's work without their permission then you are probably infringing their copyright - it's certainly best to take the assumption that you are.

Whether you get caught is a completely separate matter. The more people listening to it and the more recognisable the sample, the higher the chances someone is going to spot it.

I know someone said get a lawyer to write you a contract pushing the onus on your client to clear samples, but I am fairly sure that you cannot use a contract to effectively say 'I might be committing commercial copyright infringement, but that's your problem' - I don't believe any legal system allows you to use a contract to absolve yourself from an illegal act, be it civil or criminal. Regardless, your client would have to be a complete dumbass to sign a contract like that

But yes in reality, 99.9% of beats never get popular enough to be noticed by anyone connected to the copyright holder.

Decision is yours

I'd encourage to sample anything and everything to your hearts content without caring too much. The guys who really need to think about what samples they use know that they need to think about it.

ps. this is not legal advice, just my 10c

Crystal, what are you currently doing with your beats and what are your intentions? Just a personal hobby, publishing them web sites like Soundcloud, selling them to third parties, having them published by a label, selling samplepacks etc?

Whats tutor says stands, however ive seen many contracts that sign the duty to the artist to take the proper actions to clear the sample if needed. That being said, most artist wont because they understand if its not malkng millions there is no reason to clear it....its expensive.... Edit: and a pain in the ass



Sample at will brother


I would take a guess 85% of producers here havent cleared samples... I could be wrong but meh