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Beats_BANG!'s Avatar
Beats_BANG! Beats_BANG! is offline
2,598 posts, Registered User
 
 
Hey FP, I know its been covered but I can't do a forum search on my phone.

Anyways, I've just recently been sampling a lot, and one of my artists, has been pushed to sell his album on itunes, and make retail copies of it and so on....


But I used a few samples that are obviously sampled, no HUGE artists are sampled but I did use a couple large chops.

Anyways, how do you go about clearing a sample? I honestly only know I need to speak to someone and get some kind of clearance. However I don't know where to start...

I'm completely lost. I'm sorry if I sound stupid, and if you want to roast me, then roast me. I've been a member and helped a lot of people out, so its time to help ME!

Just kidding.

Thanks in advance for replies.
01-20-2009
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Awake's Avatar
Awake Awake is offline
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Contact the record company and find out who owns the copywrite, then you can go from there.
01-20-2009
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Shaheed19's Avatar
Shaheed19 Shaheed19 is offline
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awwwwww...indie me now,,,so anything i sell off a sample beat must cleared regardless if im underground and making p2p sales

ScottyKush

01-20-2009
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Beats_BANG!'s Avatar
Beats_BANG! Beats_BANG! is offline
2,598 posts, Registered User
 
 
Cool. Will get on it tmrw.

Another question, what if the record label doesn't exist anymore? Where would I find out who owns the copyright?
01-20-2009
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galacticboy's Avatar
galacticboy galacticboy is offline
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Quote:
Originally Posted by Beats_BANG!
Cool. Will get on it tmrw.

Another question, what if the record label doesn't exist anymore? Where would I find out who owns the copyright?
No one particular place. You can try searching on the US Copyright site to see if the transfer after the label went belly-up was recorded, but that is rare. If the label was bought out or folded into another label, that would be a good place to start. Otherwise, you'd have to hunt down the last guy running the label and see if he knows what happened, or you could try the artists themselves in case they managed to get the copyright assigned back to them.

If the new Orphan Works bill passes, if you managed to do all of the above and still couldn't find the owner, you'd be allowed to use the sample. As of now, if you used it, you're still potentially on the hook for injunctions, actual and statutory damages, and attorney fees if you get sued.

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01-21-2009
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Beats_BANG!'s Avatar
Beats_BANG! Beats_BANG! is offline
2,598 posts, Registered User
 
 
Sounds fair.

One more question, we need to send it in to get the copyright, regardless of clearing samples ot not, if I don't get clearance and I send it in for copyright, what happens? Do they deny it for the sampled material? What if they pass over it and approve it? Could I still get sued?

Sorry for all the questions. They should put the legal section back up.
01-21-2009
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ScrillaBeats's Avatar
ScrillaBeats ScrillaBeats is offline
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Basically when you find out who owns the publishing, they will decide the terms. Sometimes they want a percentage of the sales, sometimes an upfront fee. Depends, but if you used a large portion of the song, they might say that the original makes your beat and might want a hefty percentage, there's not really a set standard to my knowledge. If they approve it, I'm pretty sure you'd recieve something in writing. If they deny you, then you're better off removing that song from the album.

Generally, someone else handles that ****, and there are some independent firms that specialize in copyright clearances.

I have friends that work in copyright clearances, so any other questions, i could find out for you.

01-21-2009
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FocusedOnDesign FocusedOnDesign is offline
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If you want to go about it the long way follow all of the above steps ^, otherwise hire someone to do it. There are companies devoted to doing just that who have the staff and resources to get samples cleared in a more efficient manner.

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01-21-2009
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galacticboy's Avatar
galacticboy galacticboy is offline
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The US Copyright Office does little review of the registrations it receives. Registering your song with someone else's samples doesn't immunize you from any potential liability for copyright infringement.

GrindEFX - News and info for independent musicians
Free Marconi - 30 year old white guys making '90s-style hip-hop
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01-21-2009
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Beats_BANG!'s Avatar
Beats_BANG! Beats_BANG! is offline
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Good lookin ya'll.

Scrilla, how does that kind of service cost?
01-21-2009
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