Sample Clearance ( 10 Measure Rule)

Karrma

Karrma

New member
So I was wondering if the sample is under 10 measures, are you automatically clear to distribute that? I've had 2 sources tell me that if it's under 10 measures then you're good to go. Then I called a publicist I know and she told me that's false. Is there anyway someone can clear this up for me. I have a client wanting to purchase exclusive rights to a few beats that I did. He says he's not planning on selling them, he wants exclusive rights so that he will fully own the product. (either way I'm covered in contract) BUT.. one of the beats is a sample joint. (the sample itself is 8 measures) Before I let that one go I'd like to know if I'll be dragged into legal issues if he decides to sell it, since I'm basically selling him "ownership" of the track.

Someone please clear this up for me.
 
you can get sued using even a second or a mili-second of someone else's work if they can prove it...money usually wins out(the legal team with the most money)

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There's no way out of clearing your samples. The standard way of doing business is that the artist or label that uses your beat must clear the sample, not you. It's done many different ways, but that's the standard.

This only applies if your making a deal with an artist or producer, you can't make money from the beat unless it's cleared. period.
 
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This is right up there with the 12 notes theory of melody, complete and utter rubbish - if it is recognisable, regardless of context, you can be sued for damages and usage of the elements.

You only have to look at the debacle caused by an innocent enough question on a tv song quiz show that cost Men At Work a lot time and money over the inadvertent use of "Kookaburra sits in the old gumtree" in the improvised flute solos to understand how courts will interpret the law faced with overwhelming musicological evidence that a particular set of sounds is from a particular song.......- the flautist from Men At Work eventually suicided earlier this year because he couldn't cope with the stigma of being accused of having done it deliberately....
 
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All good and correct info here. My buddy is in sample clearance at a major lable. Hit me up and I'll ask him what it would cost and if it would even be possible. Of course, if you're only gonna be makin' $29.99 it probably ain't gonna be worth it.

For example, I think Jason Derulo's "Don't wanna go home" used samples/lyrics of other songs that totaled 80% of the song, leaving only 20% of the song to be split between all the writers, of which there are 7. Spllit evenly that's only 2.86 %. Not a whole bunch of money left. Must be weird to hear a song on the radio all the time while you still have an empty bank account. Moral of the story: dont' use samples in your beatz (if you want to make money)!

Personally, I've sampled my own stuff and recycled it. But I wouldn't use anyone else's music in one of my beatz. I realize there is an art form to DJ'ing and remixing, but today, people just rip the hook off an old song, throw some horrible rap over it and call it a new hit single (e.g. Puffy's "I'll be missing you"). No wonder it costs so much money for sample clearances--it's the best part of the track! Imagine listening to that Puffy track without the cool Police guitar riff or chorus melody...ugh. Pretty lazy if you ask me. That being said, I've heard sampling done in pretty creative ways.

Just put in the contract that he's responsible for any sample clearance in REALLY fine print. ;) See you in h-e-double-hockey-stickz.
 
clearing up some different issues here....

"Rules" like "10 Measure Rule" catch on in industry because they are memorable and seem to make sense. (Don't even ask me the stuff I heard when I did criminal defense.) Problem is, they're usually false.

You're dealing with a few different issues here when it comes to sampling music. Huge Beatz nailed it on the head with the common sense advice. As for legal info:

(1) Any recognizable use of copyrighted material can get you into trouble.

(2) The best defense to using copyrighted material is "fair use" but it can be hard to prove (lots of sources on Internet you can read about fair use so I won't go into it here). PLUS having to use a defense means you're already being sued.

(3) Can't sell what you don't own.

Now, you can find cases where artists (really, their labels) prevailed after being sued for copyright infringement... after spending lots of $$ on litigation. Unless you've got an in-house team or law firm on retainer, I'd say stay clear of using copyrighted music samples.

~Baby B, Esq. :)
 
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