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Originally Posted by 859Studios
alright so i've got this track written that uses samples from Curtis Mayfield's Give Me Your Love from the Superfly soundtrack. a cincinnati artist recently told me that he wanted to use the track on his upcoming album. so here's my problem: i know you gotta clear samples before you sell the beat for profit, so you basically don't get sued later on. i've never done this before i just need some advice on where to start. i already have the track info but i cant find the copyright an ish. holla at me.
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The library of congress should have the contact information on the registerd SR form.
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Originally Posted by B-Boi
Clearing samples is one reason sampling is being heard of in a commercial mainstream sense of scale less and less. But Curtis Mayfield is deceased unfortunately and in a way for you, fortunately so, but I'm not certain if anyone holds the rights to his songs. Its likely that such an influential artist as Curtis Mayfield may have his song rights under another individual but it is likely that he may not as well since he really did so many things himself for his music when he was alive. A lot of his music has been sampled and been credited on albums so i doubt if someone does hold the rights that they'll exclude you from sampling his music when nearly everything the man made has been sampled somewhere! He is associated with a few record labels according to wikipedia. If i were you, i would go onto wikipedia and write down the labels and try and contact them to find out who holds the rights to his released music. Good luck!
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copywritten material is still protected 70 years after the artist death.
if i can still remember, i will go back and research, but if i am not mistaken i am sure its 70 years after death.
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Originally Posted by djchapta
hey man, this issue has been discussed a few times on FP, use the search function to find more info. but yea as the above posted said it would cost a lot to clear that sample, if the guy wants it that much state it in your contract that its not your responsibility to clear any sampled used, then its up to him or his label.
Also the cost to sue someone is an issue, unless he was selling pretty high numbers, i doubt you would be worth sueing...
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not a good idea to "use another artist" work for profit without clearing it first, even if you are not "selling high numbers" you can have your wages garnished, business licsense revoked and slapped with enormous fees from a court order.
play it safe and get the sample cleared.............