Sample clearance--should I bother?

[dewdrop_world]

I've grown very fond of some samples that appear to be copyrighted by EMI Group (the CD label says Virgin Music Chinese, EMI Group HKLtd). I have some musical ideas I want to be able to perform live, and probably record onto CD and sell, so I want to get permission.

 

What steps should I take? The only contact information I can find is the EMI Corporate Communications Office in London, where I suspect a letter from me would be promptly deposited in the round file.

 

So I balance the worry about this against the very slim likelihood of getting caught (I'm an unknown as yet, nowhere near big enough to get on the corporate radar).

 

I don't know ... I feel like I should follow through on it, but I don't want to waste my time sending a letter to an office that doesn't care. (Last time I wrote a label [Rykodisc] for sample clearance, I got no response ... and that was to sell a track for charity, fer cryin' out loud, which I ended up not doing because of that. And they even have a special office for copyright clearance! What-EVer.)

 

Any and all advice welcome. Thanks!

hjh

[Blackwatch]

What's that sound?

[MersyOne]

It all depends on what your using really. Now I DON'T KNOW EVERTHING when it comes to sampling (maybe someone can help me out too) but I can tell you what I know:

 

I pressed a 1000 12" vinyls 2 years ago and used a Sisqo - Thong Song SAMPE as well as another sample from some ACID loop CD. It was an electronic record. I DID NOT get clearance from sisqo only because it was totally unrecognizable! AS IN, I asked some frineds if they could "guess" where I got this sample from. They had no clue! And even when I told them, they were still amazed. As for the other SAMPELA FROM acid LOOP cd, I SIMPLY called the guy wo put together the CD and asked him. He said, ..."SURE WHY NOT!" So I simpy gave him credit on the record by saying something like, "uses sample from 'blah blah' COURTESY OF 'blah blah' from 'blah blah; records. And that was it.

 

So in the end, I learned 3 things:

 

• IT DEPENDS ON HOW YOU USE THE SAMPLE. IF YOU TOTALLY RIP-OFF A WHOLE PORTION/LOOP FROM A SONG IT WILL ALOT HARDER TO COVER YOUR ASS VERSUS USING SEGMENTS AND USING IT IN A WAY THAT IS UNRECOGNIZABLE.

 

•_ALSO DEPENDS ON THE ARTIST. IF YOUR SMAPLING SOME BIG TIME ARTST, THEY'LL WANT THEIR MONEY. HOWEVER, MOST OF US WHO ARE TRYING TO GET TO THAT "BIG-HEAD" STATUS DON'T REALLY CARE. MOST OF THE TIME, IF YOU JUST SIMPLY ASK, THEY'LL BE MORE THAN HAPPY TO JUST GIVE IT TO YOU AS LONG AS YOU GIVE THEM CREDIT (E.g. a few people called me wanting to use my record for their dj mix compilation. I was honored! I would much rather get some exposure than worry about royalties, legalities, etc.)

 

•_DEPENDS ON WHAT YOUR DOING WITH YOUR MUZIK. IF YOUR PRESSING 1000s OF COPIES FOR NATIONAL DISTRIBUTION, YOU'D BETTER BELEIVE TO COVER YOUR ASS. IF YOUR MAKING A SMALL PROMOTIONAL DEMO, MY OPINION; DO AS YOU WISH! OR THEY HAVE WHAT'S CALLED LIMITED QUANTITY LICENSE WHICH LIMITS YOU TO 2,500 OR LESS DISTRIBUTED COPIES USING SOMEONE'S SONG.

 

 

 

sorry, went out of hand. hope that helps.

[MersyOne]

oh sorry, left out:

 

 

* DIDN'T PAY THE GUY FROM ACID LOOPS A PENNY!

 

* A GOOD SAMPLE CLEARANCE AGENCY IS THE HARRY FOX AGENCY (i think it's harryfox.com,...just google it!)

[dewdrop_world]

It's a LONG sample from a track that is 99% vocal-only. If it were discovered and I got sued, it would be no contest.

 

OTOH... the soundtrack cd seems to be out of print (although the movie is still available, but only through Asia-based online stores, seemingly not in US -- it's not listed on Amazon). I doubt it's going to be on anybody's priority list.

 

My other question remains -- would it be worthwhile to write the corporate communications office? Or am I right in thinking it would get me nowhere?

 

hjh

[MersyOne]

Dude, honestly it sounds like you'll be okay in the end. How many copies you planning on making/dsitributing??? If you are selling overseas in their territory then you might have a problem. But foreign copyrighted stuff doesn't pertain unless they have a copyright her ein the U.S (e.g. my mom sells bootleg Korean Soap Operas over Ebay of all the places. Sounds risky but when I looked at the back of the covers, there is no copyright in the U.S.)

 

And these companies aren't gonna just sue you right away. What they'll do first is try and get the desvered royalties off of you first before taking you to court, if at all. In other words they'll attempt to settle it, if you don;t comply, ONLY THEN they take you to court.

 

Now i'm not saying what your doing is okay! But agaim like I said, unless your some "BIG-HEAD" music star pressing/distributing 1000s of copies, I think you'll be okay!

[daddymack]

Mersey nailed it. Find a clearance agent. Their fees are usually fairly acceptable. If you are self producing on your own label, you need to cover your ass.

[gtrwiz]

Artists get screwed every way possible in this industry. If you don't get clearance, don't EVER bitch about how tough it is to make a living as a musician.

 

We need to stop stealing from each other.

[brassic]

I would at least make an attempt to go through the proper channels if I were you - especially if it's EMI you're dealing with. (NB - Keep in mind that although the recording might be owned by EMI, if someone else owns the publishing rights you'll need to contact them as well and vice versa.) I may be able to help you find out who to contact. I don't want to get involved in the clearance process, but I can possibly get someone to point you in the right direction. PM me if you want more info.

 

You might want to give this a go - you might be able to clear the sample online. If not, there's still a lot of info here:

 

http://www.emimusicsample.co.uk/Sampleclearance/index.html

 

This guide on the BBC Radio 1 site has a lot of useful info, mainly UK specific but the advice is good:

 

http://www.bbc.co.uk/radio1/onemusic/legal/samplep01.shtml

[amplover]

id just avoid it altogether.