[" 40Beatz wrote:
In my opinion...Long as you're not generating a Considerable amount of Income while using the sample, you should be ok.
If you are making lots of Noise and revenue, then you should worry bout clearing the Samples at a Later date....
Thats why i Chop and Mangle Samples to where its somewhat hard to Detect where i got it from...Unless i want it to be known where i got it from" ]
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The very first start of that statement is a red flag to a person like me who once worked in a law firm, Entertainment law l deeply studied an sat in on cases.
OPINIONS in law don't count in giving advice or fighting a case for the likes of infringement or IPR.
Its not about how many seconds you sampled, lf that sound is recognized and can be proven with sound analysis and copyright date stamp then you will be found guilty of infringement.
" Long as you're not generating a Considerable amount of Income while using the sample, you should be ok."
Really?
The only way to be ok without any sampling problems is if ABSOLUTELY NO ONE KNOWS THE SAMPLE or the copyright has ran out OR YOU DON'T SAMPLE AT ALL! The minute they do you're going to be sued. There's no case law for the above statement.
Because THE LANGUAGE IS NOT DIRECT AND OPEN FOR INTERPRETATIONS. Hypothetically how much money is to much? $100.00? $500,00? $7,000? You see how fast that can get confusing. There isn't a case law, clause or infringement code supporting such an OPINION! This shouldn't even be said cause people will run with it like its the truth. Thete are to many infringement myths as it is.
For the average person who want to know particulates of infringement law SEEK PROFESSIONAL COUNSEL WHO IS A PRO IN ENTERTAINMENT. Don't get a criminal lawyer or a bankruptcy attorney ! That's to protect yourself and clear samples.
Im able to read my own music production contracts because l understand the judicial language of entertainment law. A producer's contract should be no more than 6 pages. Litigation is on a different level.
Bad advice to tell someone to clear a sample LATER when your sampled song has picked up momentum. The first ethic code you should have as a producer is have respect for another producers work and artist. You clear samples in the beginning not the middle or end of sales momentum of said sample.
HERE'S WHY:
1 Getting permission first hand, those involved may or may not want you to sample their composition.
Prince didn't care how much money you offered him HE DID NOT WANT YOU TO SAMPLE HIS COMPOSITIONS! Period! Why? That's another topic. Whereas another artist/producure is fine with it.
2. You get it cleared off the in the beginning , because you can set a flat rate. Exampl, your attorney can set a flate rate of 7,000, the artist says ok cool. If you make 1,000,000.00 they can't come back and ask for more. That covers YOU.
Lets say you wait and you're making money most are chilling in the cut with their attorney and monitoring your sales, when you reach a high goal set ny them, baaaaam here comes the smoke! They taking most if not all! If your sampling is just hobby sampling the ok. But you make one cent you're infringing on music that's not yours.
3. Anither thing CREDIT! People sample and dont give credit, that's where ethics come in. What's the biggest thing artist/producers want? Credit respect! They will be pissed off more when you didnt give them credit.
Clear your samples people.
It used to be easy to license music, then all of sudden the licensing company wouldn't touch any music with sample in it. Because they were getting sued by the majors.
Just like their doing now, but with digital its so much easier.
