Business of Sampling!

What if you have created a song using a sample from a record lets say. And the Publisher and/or Record Label can not recognize that its their property(song) to receive a percentage share from the producer/artist. Could this song get cleared in order to get published?

Sure you can use it but if someone figures it out your ****.

Here's my take on all this..

The music industry is undergoing a HUGE turnaround, and a lot of perks that Artists were known to get have disappeared. Huge signing bonuses are gone..getting signed and selling music for the rest of your life is basically gone and no one likes change. Selling a million units today is amazing, but just 5 years ago people like Britney Spears was selling 10x platinum. Basically, things have change.
With that change, independent artists can now thrive. It's not uncomon to hear about unknown artists doing shows overseas. A single song can be downloaded thousands of times. We don't need a label for distribution since we have the internet. Profile views and downloads = money; if you can prove people like you, then you can get booked for a show. Do one show successfully, then you can do a lot more.
What I'm trying to say is that cd sales are pretty much irrelevant. Shows and merchandising is where the money is. You can't download a T-Shirt or the experience of doing a show. If you give the music away, then what do sample laws mean? You didn't profit off someone's music.
I dunno, but I think sample laws for this new music generation are pretty much null and void. Maybe I'm wrong, but I don't think so.
http://mikeking.berkleemusicblogs.com/2 ... g-twitter/
^^^ You couldn't do this 10 years ago.

TRUE!

Really very well said

Roxstar broke it down!

My advice is always go with your gut feeling. If it is a small project, or you disguised something really well, think about how likely it would be for someone to come after you. If you feel like the chance is small to none, go for it. If you are iffy, clear first.

I live by that. I know many people who say that if it is going to sell less than 5000-10,000 units, don't worry. That is other people, you always have to be weary. Also, be sure to make it clear in any contract that it is the label's responsibility to clear the sample (this is standard practice anyway). It isn't a good look if the artist who used your music gets sued but it is their responsibility to take care of these things.