Question about the use of samples

[storm_in_heaven]

Hello,

 

Right, this a situation that I am currently facing, so I could really do with some help on this one.

 

I am an electronic musician based in the UK. I'm am about to record a song for a compilation CD of bands in my local area. The aim of the compilation CD is to distribute far and wide, to try and gain exposure to the local music scene (for example, the person who is running it has managed to secure a feature on BBC Radio 1, pretty much the biggest radio station in the UK).

 

Now, the song I intend to record contains two samples (from two separate songs). I have not gained clearance for the use of these samples in this song (though I have never performed this song, or recorded it yet).

 

One sample is pretty integral to the song (its a drum beat) but is equally not recognisable - you wouldn't hear the sample and say "Oh, that's from [song name] by [artist name]", its fairly non-descript and could be from many songs.

 

The other is not so integral to the song (its a piano part, and i've put it at the end of my song), but is very recognisable as being from that song. If you heard it (and knew the song), you'd say "Oh, that's from [song title] by [artist]".

 

Now. I'm aware that there is always issues with sampling of other songs, but being neither a top-flight producer nor a lawyer, I don't really know what the law is on this one. I'm assuming that technically, I ought to gain clearance for these samples from the artists concerned. Is that something that I should do? Or is that the responsibility of the person who is putting together the compilation CD?

 

If I need to gain clearance for the use of these samples, how would I go about that?

 

Cheers,

 

SiH

[doug osborne]

 

... If I need to gain clearance for the use of these samples, how would I go about that? Cheers, SiH

 

 

Contact the record label that owns the original recordings.

[PeterTuneCore]

 

Contact the record label that owns the original recordings.

 

 

Exactly. Contact the label, they will either own the masters, or know who does.

 

When it comes to master-use, you MUST have a license. Some call it a "sample license," some a "master-use license," but no matter how you slice it, it's going to cost you. Some places charge thousands of dollars for mere seconds. Whatever you do, if you're going to be selling music that uses a sample of someone's else performance, CONTACT THE MASTER OWNER FIRST and do nothing until you have an agreement with them in writing. Always use a lawyer if you at all can.

 

--Peter

peter@tunecore.com

[dubplated]

what kind of play do you get/ how well known are you? If you stand to make any sort of money then, yeah you should probably cover your butt. But if your probably not that well known then I wouldnt worry too much... you could also replay the piano part yourself with a chord variation wich is also more creative. sampling can be tricky but my best advice would be try not to use whole loops that havent been altered from their original form, for example if you took the violins from eleanor rigby, you could do any number of different things with a soft sampler or waveform editing utility (soundforge,pro tools,etc.) slice and dice... youd be surprised at how some of your songs can take on fresh, unexpected twists that way. In any case, best of luck to you.

[dubplated]

I didnt read your post carefully... if you stand a chance of getting airplay then you might want to still... but be realistic, you could end up paying a thousand bones (or quid in your case) for a song that might not even get air play...

so be careful.

[Standard8]

I was under the impression you can use musical samples freely if:

 

1: It's not the "hook" of another song

 

and

 

2: It's reconstructed into a different art form.

 

Because both of those criteria are subjective, it's up to judges and juries and lawyers to sort out on a case by case basis.

 

Basically, if your samples pass both those tests, you are safe. But, it won't stop you from getting sued anyway, and have to spend money defending yourself and the risk you may be found in fault.

 

That's in US, not sure UK standards, interpol, all that.

[storm_in_heaven]

Thanks for your advice everyone. I've been advised by the record company who are putting together the compilation that if I do choose to use unsolicitated samples, any legal action taken out by the artists' record company will be passed onto me.

 

I'm not very well known, but the hope is that this compilation gets some decent radio play (i think the organisers have arranged a plug on BBC Radio 1, apparently). I'm not going to be making any money out of it (unless I buy copies of the album for a discount price and sell them on at my gigs).

 

In any case, i figured it would be best to record something else for the piano part (thinking of a guitar part instead). As for the drum loop, well, its so unrecognisable its really not worth the bother me recording those drums myself / getting permission for it...

 

Cheers

 

RB

[Kojak]

Hey,

 

Have you seen the latest issue of Sound on Sound Mag. Theres a bit in there about samples and the law, and from what i can gather you need clearance from basically everyone involved with that sample. Major hasslage.

 

Good luck.

[PeterTuneCore]

 

Hey, Have you seen the latest issue of Sound on Sound Mag. Theres a bit in there about samples and the law, and from what i can gather you need clearance from basically everyone involved with that sample. Major hasslage. Good luck.

 

 

Yep. Samples are part of master-use licensing, a.k.a. "sampling license." If you use someone's else performance, NO MATTER HOW SMALL or obscure, you are STEALING in the eyes of the law. You MUST get clearance from the owner first.

 

That's the law so far, but remember, I'm not a lawyer, please talk to a lawyer for real answers!

 

--Peter

peter@tunecore.com

[dubplated]

Yep. Samples are part of master-use licensing, a.k.a. "sampling license." If you use someone's else performance, NO MATTER HOW SMALL or obscure, you are STEALING in the eyes of the law. You MUST get clearance from the owner first. That's the law so far, but remember, I'm not a lawyer, please talk to a lawyer for real answers! --Peter peter@tunecore.com

 

damn... sue me...

[buzzsonic]

The sampling laws in the US and the UK are a different beast in many ways, with US lawyers pretty much quicker off the block. In the UK you kind of sense there is much more 'creative freedom', in particular within the dance scene where limited edition white labels sprinkled with uncleared samples appear every week.

 

Now I'm not condoning using uncleared samples (especially if your releasing stuff in the USA, or onto iTunes). But, if you're thinking of pressing up 500 white labels in the UK then (good luck selling 500 whites in todays climate anyway!), well, its not OK of course, but you'll find music publishers will generally only be coming after you if the track is really taking off. And again, this is a gross generalization, because it also depends on the actual sample too (is it the Beatles or is it some obscure indie artist?)

 

Then if the track really starts to take off some label will come along and clear the sample for you anyway. OK, so then you've lost some of the publishing %, but the way I look at it, 50% of something is better than 100% of nothing.

 

So, just to underline. Strictly a no no for a worldwide release on iTunes but if its a white label, then its worth the risk.

 

Just to emphasize, I'm not some bumbling idiot, I did exactly all the above in the mid 90s and ended up having a top 30 hit in the UK with Warners offshoot, PWL.

 

It was 'Hooked' by the 99th Floor Elevators by the way, and the uncleared sample was swiped from the 49ers 'Everybody' on Italian dance label, Media. Both me and the sampled singer did very well out of the whole deal incidentally!