clearing samples true or false

K

kingmc

Guest
I heard something about sampling and need to know what true and whats false about clearing samples

1. If you sample a 3 to 6 sec portion of a song it dont have to be cleared?
2. If you chop it up and redesign it, it dont have to be cleared?
3. If you use any portion of a sample it has to be cleared?
4. If you replace the sample with your own voice can you use the song like that?
 
I know they were trying to pass a law, that would allow none at all.
 
Well if I remember correctly they passed a law in 2000-something which took off that time limit, and now any single sampled section needs to legally be cleared.But theres loopholes, like if you chop it up good enough that even the copyright holder doesn't recognize it.
 
well really when most people get drums they do some crazy crap so its not even the same its like doin a synth
 
Young_Prophet said:
Ok... So let me get this straight...
If I chop just a single drum off of a Premo beat he has the right to sue me?
WTF?

Technically he has the right to sue you. but I'm not aware of anyone to date getting sued for stealing a drum hit.
 
it's infringement but NO ONE and i mean NO ONE would think of sueing for a drum hit. they would make little $$$ and legal fees are alot.
 
You're stealing his drums that he created thru either sampling, layering, ****ing with synths, running effects, to even recording his own drum, regardless it's still stealing his drums (which would not only be illegal, but would also be looked down at since you're stealing from a hip hop producer)...Some Hip Hop producers generally have drum hits such as kicks that kind of stand out for them, it's like a signature sort of...I mean, if you cut the kick out of Clipse - Grindin, everyone would know that's where you got them from if you don't do any layering, filtering and other **** to them...And you could risk getting sued, because you used, in this example, Neptunes signature kick from that period...

check this site out for info about sample clearance...
http://www.bbc.co.uk/radio1/onemusic/legal/samplep01.shtml

(got the link from Maizz on rocbattle)
 
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the grindin kit is a preset in the Triton i believe so they can't sue you since they didn't make it lol. If it came with a piece of hardware then they can't sue you for it.
 
Had no idea about that, well than that's all royalty free samples...Just using it as an example though, which you just took credibility from my example now...

So for a new example, if you stole a popular kick drum off a producer that he sampled, layered and did all kinds of **** to it to make it his own sound, and you just straight ripped that **** off him and did nothing to it, you could get sued...Though unlikely, but cats will most likely look down on you for it...And I personally don't find it very fun if you're just ripping it straight off another producer's beat, layering it with **** and sculpting it into your own sound is acceptable though, but not just straight ripping it off the track...

But this whole sample clearance thing is most likely more focused on non-drum type ****...Cuz I mean, you can sample Michael Jackson saying "Oh!" and keep it under 1 second and make some movement with it and under the previous laws, you wouldn't have to pay him **** regardless if he made that track turn heads or not...I'd take a guess and say that this is what they're trying to protect...
 
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bobsmitt said:
the grindin kit is a preset in the Triton i believe so they can't sue you since they didn't make it lol. If it came with a piece of hardware then they can't sue you for it.
Even though they didnt make the Drumkit, they can still sue you for sampling from their drumkit. You could just say that you got it from the Triton like they did, though :)
 
usually it's hard for them to tell if ur jacking their drums cus it's mad hard to tell unless ur doing a drum based song like Touch It or something. i doubt they would sue for anything like this. I think though that if ur good about it you can get away with it without them catching you. It's like working on flipping samples good so it's hard for them to get u to clear it.
 
Sh0wcase said:
You're stealing his drums that he created thru either sampling, layering, ****ing with synths, running effects, to even recording his own drum, regardless it's still stealing his drums (which would not only be illegal, but would also be looked down at since you're stealing from a hip hop producer)...Some Hip Hop producers generally have drum hits such as kicks that kind of stand out for them, it's like a signature sort of...I mean, if you cut the kick out of Clipse - Grindin, everyone would know that's where you got them from if you don't do any layering, filtering and other **** to them...And you could risk getting sued, because you used, in this example, Neptunes signature kick from that period...

check this site out for info about sample clearance...
http://www.bbc.co.uk/radio1/onemusic/legal/samplep01.shtml

(got the link from Maizz on rocbattle)
The Clipse grindin drums are from the triton. its not signature, its stock...
 
daprospekt said:
What if you sample something that is already a sample?
Do u have to clear that to?


YEP, you have to clear everything if you putting out for public use. but if you just around the wya it don't matter. if it ddin't I wouldnt be doing it. let the artist clear it.
 
its all a gamble. if its a noticable part and isn't chopped up enough. or its a famous record and everybody recognizes the sound right away u porbably want to clear it. but if u really go digging and get some rare stuff, chop it up real good it should be fine. and u wont get sued unless ur **** hits the radios anyways (most of the time, otherwise u are one unlucky bastard)
 
Young_Prophet said:
Ok... So let me get this straight...
If I chop just a single drum off of a Premo beat he has the right to sue me?
WTF?

Yeah....Phil Collins actually just copyrighted all of his drums sounds 1 by 1...
 
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