Is there a way to sample without getting sued?

[RyanTrapstar]

I want to sample some songs and im afraid that i'll get sued for it. I see alot of people sampling but I assume they don't ask. Is it Legal?

 

[RyanTrapstar]

Is it illegal if i sampled beats and i'm NOT selling it?

If I sample music, only to post on soundcloud and shit, would it be illegal even if its free??

 

[trizzytrebeats]

Yea thats harmless, if you don't have intentions on selling commercially your fine.

 

[RyanTrapstar]

& that goes for any song? Like if i want to remix a drake beat and i use the melody thats okay?

 

[trizzytrebeats]

Absolutely, that should be fine

 

[RyanTrapstar]

Not trying to be mean but, is there a website that says that? Because i want to be REALLY sure

 

[fataltone]

Not trying to be mean but, is there a website that says that? Because i want to be REALLY sure

it's illegal 100%

will you get sued for copyright infringement most likely not

will you get a cease and desist notice probably not

you may want to pick up this book it's still a book I read everyday
All You Need to Know About the Music Business: Eighth Edition

 

[bandcoach]

short answer: get a release to use the sample

longer answer only explains why you can be sued, mostly to do with infringement on the original creators right to exploit their work: i.e. damages are not only "real" losses but punitive damages as well (punishment damages) to act as a disincentive to others who may consider doing the same thing

 

[RyanTrapstar]

so its illegal even if im not sellling it?

 

[fataltone]

so its illegal even if im not sellling it?

yes

 

[RyanTrapstar]

but people sample old school music all the time, and I assume they don't get permission.

 

[fataltone]

but people sample old school music all the time, and I assume they don't get permission.

then there was the landmark case against Biz Markie
"Alone Again," samples several bars of the familiar piano riff from Gilbert O'Sullivan's 1972 hit, "Alone Again (Naturally)" and Biz sings part of O'Sullivan's hook for his own chorus

Biz Markie then did the LP All Samples Cleared! in 1991


you must get samples cleared period

now to be unbiased just about every super underground sample based producer put up sample based beats online

it's illegal but ppl do it
same with stolen software

after the Biz Markie case
Vinalla Ice was sued a few years later

The Lord Tariq and Peter Gunz hit went on to peak at #9 on the Billboard 100 charts and sold over 1 million copies. That was 1998 and sued because Déjà Vu” is a sample of Steely Dan’s “Black Cow

this was HUGGGGGE!!!!!!!!!!!!!!!!!!!!!


Sampling music is nothing new, especially in hip-hop. However, under the law, artists are required to obtain two types of copyrights prior to sampling a song – a sound recording copyright (owned by a record label) and a musical composition copyright (owned by the songwriter or publishing company). The fees for such licenses vary tremendously, often depending on such factors as how much of the sampled song will be used. Many artists, unfortunately, try to eschew the law and sample another artist’s music without first obtaining permission. A word of caution: DON’T. Sooner or later it’ll catch up to you so it’s best to get things done the right way the first time around.

 

[fataltone]

I love sampling and now do it for fun

 

[SFTRAXX]

but people sample old school music all the time, and I assume they don't get permission.

You're right. Most don't.

But

If a song you made with uncleared samples 'blows up' get ready for court rooms and judges.

Peep this:

 

[bandcoach]

only have to go back to the "harlem shake" debacle to understand how this can bite you hard