Do sampled drum sounds need clearancing?

[Eswerve]

I sampled some drums from songs that I liked and wanted to use. If it happens that I get to sell one of my beats that I make with them, would I need to get clearance on those sounds? It's not a drum loop/break from one song, but like a Kick from one song a Snare from another and a HiHat from another one. I'm sure "bitin' drums" happen regularly, so can someone actually say "Hey that's my kick, where's my money?".

[Fam Nice]

No you don't need clearance on drums ... if they have a melody in them under that yes ... however, do a search this topic has already been explained.

1

[Eswerve]

Thanks, I tried searching, but I don't think I was putting in the right phrase or key words.

[orjanbeats]

No you don't need clearance on drums ... if they have a melody in them under that yes ... however, do a search this topic has already been explained.

1

Well, technically you would have to clear it since you are using someone elses master recording. Don't post bullsh1t if you don't know the correct answer. But it's unlikely that anybody is gonna recognize the drum sound, so you are probably safe. But it has happened before that people had to clear drum samples, so don't say "no you don't need clearance".

[Eswerve]

I mean what got me to ask this was that the laws for for copyrighted material has changed and that even if you use a second of a recognizable musical piece that it can be claimed as infringement. Not that anyone who might hear what I have will immediately know where the drums came from, but you never know. Better safe than sorry.

[cinnay_4]

One hint is that you are more liable to get caught using a drum break in a song than using single drums chopped out of a song. Also, if you use single drums chopped out of a song, and you layer, eq, compress, them, there is hardly a chance in the world that you will get caught. Unless of course, it is a really unique drum sound that everybody knows where it came from.

[nighthawk209]

you do have to clear it, but no one is going to recognize a snare they recorded in a studio years ago, so don't bother

[bhunt]

If you clear a drum you are playing yourself.

[bdondaunique1]

The rule is it has to be recognizable and their is no way some1 gonna recognize a snare from the 60s use it if sum 1 try see if it is their snare just say it aint. How can u tell because depending how u eq compress and add fx 2 it will sound different. If u use a break clear it tho

[orjanbeats]

Or just don't use breaks at all... It's not worth it, and they are extremely easy to recreate