Screw sampling....

[deRaNged 4 Phuk'dup]

Depends on the entire situation. Do myou have all the info on the artist you sampled? You can get the label the material will be released thru to clear the sample for you.

If it's not going to be pushed on a big scale, then comes the gamble, even decent local success can put you in the line of fire if you don't clear it.

Alot of labels have been trying to avoid samples altogether recently though. What's the situation with how the material will be released?

[m21m]

I feel you man, its retarded to get a sample cleared when the original artist knows you making money.
I was thinking about this today actually. It's crazy how you can go buy a record for $1 - $20 etc.; flip it, then that artist wants some ridiculous amount of money for you to use 8 bars from it.
Makes me wonder how the not so "big time" producers get their **** cleared.
Maybe if you sample not so popular artists you don't have to pay as much for clearance?

Personally I think a lot of them still don't clear the sample, and that is how it is. I understand that the artist need to pay for that sample, but when I somewhere in i-net has read that ''5 sec barry white loops goes, for 1 million bucks'' I think to myself-that where da fu*k I will get that money.
So I think that you just need to risk and don't clear the sample, our you just could give the credits if you make a cd.

And other thing is that a lot us are ''destroying'' sampling, writing in comments, forums sample IDs. Imagine if you are a lawyer for some old artist, all what you need to do is almost just google, for example ''barry white sampled'' and wow you find some people who sampled it.
So my advice to all sample based beat makers or diggers is-please if someone is asking for sample IDs and if you know it, please PM him, instead of writing it in comments.

-sorry if my english is wrong, hope you will understand.

[Noyzi]

Personally I think a lot of them still don't clear the sample, and that is how it is. I understand that the artist need to pay for that sample, but when I somewhere in i-net has read that ''5 sec barry white loops goes, for 1 million bucks'' I think to myself-that where da fu*k I will get that money.
So I think that you just need to risk and don't clear the sample, our you just could give the credits if you make a cd.

And other thing is that a lot us are ''destroying'' sampling, writing in comments, forums sample IDs. Imagine if you are a lawyer for some old artist, all what you need to do is almost just google, for example ''barry white sampled'' and wow you find some people who sampled it.
So my advice to all sample based beat makers or diggers is-please if someone is asking for sample IDs and if you know it, please PM him, instead of writing it in comments.

-sorry if my english is wrong, hope you will understand.

i feel you on that since i sample aswell but if ur not sellig the work ur not breaking laws... demo purposes don't generate income so suing a beatsmith is a waist of resources if ur a copyright owner... Make a few million off it and then ur a$$ is cooked...

[Morning_Star]

bro, let me repeat... groove with similar vibe + completely different lyrics = your creation. don't play yourself.

Let me repeat. It's STILL ILLEGAL!!! They still have a case in court and if the judge decides that the sample was the source of the original idea then it is a copyright violation. The copyright refers to the artist ideas as well as the physical recording. It took 10 years to settle the case with the Biggie song that use a "Singing in the Morning" sample. And Kraftwerk lost their case with a planet rock melody even though they replayed it.

Read this.
http://www.clearance13-8.com/AShortClearanceHistory.htm

[rhythmonster]

You don't get it... that's ok. Good luck.

[Spinner87]

but if you chop the sample in little pieces and sequence is the way you want it and pitch it up
that way it would be hard to recognize where the sample is from
is there still a chance you're gonna get caught ?

[ammobeats]

if it was the case that u couldn't redo chord progressions dont u think everyone would be suing each other??

[Morning_Star]

but if you chop the sample in little pieces and sequence is the way you want it and pitch it up
that way it would be hard to recognize where the sample is from
is there still a change you're gonna get caught ?

Yes, you still will get caught if it gets popular enough. It may take years but it will happen. If there are millions of people out there listening one will reconize it.

if it was the case that u couldn't redo chord progressions dont u think everyone would be suing each other??

They don't own the chord progression. That's not what I'm talking about. But you can own a melody. If it's just a chord progression you are fine but if it's an entire melody then you are up sh!t creek.

You don't get it... that's ok. Good luck.

I do get it. That's a myth of sampling clearly explained in the article I posted. Just because you replay something similar doesn't make it yours. They own the idea.



Let me break it down like this. Using a sample is copyright infringement. Replaying a melody or a partial song is copyright infringement. Replaying just the chord progression isn't always copyright infringement but sometimes can be depending on how long and complex it is.

You can't copyright A to D to G to C but you can copyright Am7 to Dm to G to C to Bm to Fm to E to C (just an example) if that is the main concept of the song and you use it in the same way and manner making them sound alike. Steve Vai is currently suing someone for this very thing.

You can't create songs that sound like anyone else's using the same melody or main theme.

[rhythmonster]

You can't create songs that sound like anyone else's using the same melody or main theme.

I'm not saying to use the same melody or main theme. Create a similar vibe. That's how entire genres exist it's because the artists sound similar. Unless your going to market that track specifically to Christians then you could write a hundred different touching lyrics to it.

You are concerned about getting the sample cleared so I'm encouraging you to drop the sample out of your track and use your own musicianship to finish it. I'm all for sampling but you did take a nice 4 bar chunk out of a song. The obvious answer is to get whoever is "looking" at your song to pay up for the clearance just trying to throw something else out there.

[deRaNged 4 Phuk'dup]

Not arguing, and know you already know this but for the sake of those who may be viewing and misreading....you actually can't copyright Am7 to Dm to G to C to Bm to Fm to E to C. You can copyright a song that even simply goes A D G in a certain tempo and timing to create a melody that will get you sued for duplication. Look at "London bridges" or "Twinkle Little star", "Stand by Me", all are simple melodies, but the way they are played, even the 1st bar of either makes them instantly recognized.

Even the most advanced set of keys can't be copyrighted. They way they were played can, all the way down to a song like Cassie's "Me & U"(4 notes). Even if you variate the notes, if a similarity remains you can be held accountable.

Everything is ultimately left to the judges decision, but I can understand why you wouldn't want to play with that system. It can cost you alot more than it's worth. Curious tho, what is this supposed to be for? If people have shown interest in a commercial release, it's not worth giving up easily, you can most likely get it cleared(or at least get a definite answer to what's needed to clear it).