As a Producer, what do I need to know about sampling?

lightspeed15

lightspeed15

New member
Recently I made a beat sampling The Weeknd. I've heard so many different things about sampling that I am not sure what to believe. I've heard that as long as I keep the sample under 15 seconds I am allowed to sell the beat and earn bank.

But then I've heard several other things like regardless of how much of a sample, I need to clear it with the actual artist.

I've also heard that it's not my job as the producer to clear the sample. I can sell it to a rapper and then the sample becomes his problem.


I've just recently started making beats using samples (made all originals before) so I really want to get the legal aspect of it down.

Thank!
 
1st statement is wrong
2nd statement is right

as for who should clear the sample

- leaving to the artist/label to clear the sample is like playing chicken

- everyone will avoid doing it until they think it is worth their while to clear the sample

-by which time it is usually too late,

- as the artist/label/you are making bank and the owner of the rights now wants what the artist/label made plus anything they make in the future as well as legal costs and punitive damages;

- to cover their losses the artist/label will then sue you for failing to clear the sample in the first place and attempt to shift all of the losses they are now making to you

there will be differing opinions on this but in the end you will get stuck with the bill if the courts play out as they have done in the past
 
bandcoach said:
1st statement is wrong
2nd statement is right

as for who should clear the sample

- leaving to the artist/label to clear the sample is like playing chicken

- everyone will avoid doing it until they think it is worth their while to clear the sample

-by which time it is usually too late,

- as the artist/label/you are making bank and the owner of the rights now wants what the artist/label made plus anything they make in the future as well as legal costs and punitive damages;

- to cover their losses the artist/label will then sue you for failing to clear the sample in the first place and attempt to shift all of the losses they are now making to you

there will be differing opinions on this but in the end you will get stuck with the bill if the courts play out as they have done in the past
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this is true unless you and the artist/or artist's label sign a contract that states the instrumental contain sample from said artist and said artist song give as much information as possible on the sample and that once the artist purchase of your instrumental including sample from said artist song they(the record label or artist) has the responsiblity to clear the sample.
it
this is what was explained to me by a ent. lawyer but the language has to be on point I mean that contract needs to be professionally written
but I would contact a ent. lawyer myself if I were you I plan on doing a interview with a ent. lawyer soon on sampling and other legal issues and services ent. lawyers provide

this is why I stay away from samples unless they are royalty-free
 
lightspeed15 said:
Would I be fine to release the beat as a free one on YouTube?
Click to expand...

how much money do you have in the bank? i.e. can you afford to pay damages etc...?

don't do it even if you don't get flagged by the screening sw that yt uses you could still get caught out an end up having to pay the same sorts of fines/damages as if you had sold it someone else
 
legally youre not suppposed to sample without getting it cleared first because you can be sued.. but since your a nobody and chances are the beat won't become a hit.. your good... they usually sue if the song blows up
 
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