clearing samples---YES I SEARCHED-------

ok so i did my little research on this but still didnt find some of the questions i have, which by the way i did learn waaaayyy more things.

if dont clear my sample and give my beat away for free, will i have to worry bout them sueing? or will they just go after the artist?

a lot of people say "stay under the radar". so here who is doing that? selling sampled beats left and right and keeping it cool?????

also, arent we pretty much screwed, we some brokes ass muddafunkkas and how the hell we ever gonna afford to clear a sample?

V...

Why would you clear shiet who you selling beats to P. Diddy, Lil Wayne, or Jay-Z? Your wasting your time clearing samples.

actually it is jay. jk...

peope tell me if they aint ranking in big number it dont matter, and others tell me it still matters.

Unless you puttin out tracks for Artists on Major Labels and Radio Play then you don't need to clear.

See in the contract you give the artist you have to state that if theres a sample used in your beat than its up to them to clear it. When they sign they take on the responsibility. I haven't heard of a producer clearing samples on a beat he wasn't gunna use his self.

yeah i think thats true. u can also tell the artist about the site i posted above so they can't say anything if they dont clear the sample coz u gave them the info on how to clear the sample. (also give info on the song u sampled to the artist coz they need to know who done wot on the track for them to clear it )

thanks, goodstuff.

Base400 said it best. Anything that's going to be used commercially needs to be cleared, but not necessarly by you the producer. I generally draw up some paper work that, in a nut shell states the following: "I sampled "x" artist's song "y" for this track. Sample clearance is up to you, (the artist) to clear if you so decide to use for commercial use." Retain a copy for yourself and you should be clear of getting sued for everything you own.

^kinda get it...what i do is give the beat to the artist and get them to pay off the clearance lol...simple cuz then the original artist who made the sample benefits outta it like barry white or someone asked 17 cents per album for T.I. Help Is coming...and they (TI and Just Blaze) was like screw this...so they made the same melody just composed it lol

Dunnerz wrote:^kinda get it...what i do is give the beat to the artist and get them to pay off the clearance lol...simple cuz then the original artist who made the sample benefits outta it like barry white or someone asked 17 cents per album for T.I. Help Is coming...and they (TI and Just Blaze) was like screw this...so they made the same melody just composed it lol

Just cause they didn't actually sample and replayed it, they still had to pay. Just because they replayed it instead of having to clear the sample with the publish,artist,rec label, and song writer, they only had to pay the song writer because they replayed part of the song he wrote.

sh** i just mad a lil contract thats states in it that the clearing of the sample is the artists respnsiblility, bit just to let u know ya contract wont hold up if u dont go to the law office and get them to notify it

No one is making money off music nowadays, and underground artists are about to shine. If any of us sold 10,000 cd at $10 a piece, we'd be happy, and that amount of money is nothing for a major artist to sue over. We can live quite comfortably with an extra $100,000 in the bank...a phone call to the lawyer costs Micheal jackson a few hundred (at least) and if the lawyer has to actually do some work, best believe he's looking to make a couple hundred thousand. 100 grand to Micheal can't even pay off a hot raunchy evening with a healthy grown man, let alone a weak drunken cancerous kid! haha

roxstar wrote:No one is making money off music nowadays, and underground artists are about to shine. If any of us sold 10,000 cd at $10 a piece, we'd be happy, and that amount of money is nothing for a major artist to sue over. We can live quite comfortably with an extra $100,000 in the bank...a phone call to the lawyer costs Micheal jackson a few hundred (at least) and if the lawyer has to actually do some work, best believe he's looking to make a couple hundred thousand. 100 grand to Micheal can't even pay off a hot raunchy evening with a healthy grown man, let alone a weak drunken cancerous kid! haha

7 1 4 Beats wrote:Unless you puttin out tracks for Artists on Major Labels and Radio Play then you don't need to clear.

You ALWAYS need to clear if you're redistributing copyrighted material without the express written consent of the originating artist or label. If you're selling beats with sampled material or even passing them out for free, you're distributing copyrighted material and you need to clear the sample.

There's a way around that, though. Reproduce your samples in house. Copyright law states that while it is not legal to sample or redistribute copyrighted material it is legal to produce interpretations of copyrighted material.

Two things i want to mention. If you arn't going to be able to sell a very sizeable amount of albums, you probably won't even be able to clear anyway. You may be able to negotiate a deal where you loose alot of money, maybe not.

Second, it's always going to be hard to sue somebody if they arn't making money, or any sizable amount of money, have a comparitively small amount of distribution to to the overall industry, etc. So, even if the wrong person does hear it, it's probably not worth their while to take action. Obviously this is up to the court to decide if it did go down, but if it was worthwhile, you would be hearing about hundreds of thousands of people on myspace getting sued for copyright infringement. I know if it was viable and i held a copyright to something commonly sampled, i would just go through soundclick and myspace all day and keep putting money in the bank. But it's not. This is a judgement issue though for anyone who samples.