Please help me out with my legal concerns regarding my sample

Prosthetic

Prosthetic

The One-Armed Bastard
What up FP. I have a concern with this vocal sample I used for a beat. I made this track for an artist with a short 2 Chainz sample in the hook. (The track KILLS by the way) Basically, you already know what I'm asking - If we can get in any legal trouble for using it. And if so, how can we avoid it. I'm guessing that if profit is made from the song then we gotta get permission and pay some dough right? What if it was put on a mixtape and distributed free? Thanks in advance. Here's the track I'm referring to if you wanna jam it:

Turn Into A Particle by Prosthetic Productions on SoundCloud - Create, record and share your sounds for free
 
I didn't listen to the track because I don't need to in answering your questions because it does matter. The track can be great or it could be garbage. Neither has any bearing on the legal side.

You already know the answers to your questions........if you don't get the sample cleared you COULD be sued, but I am sure you know this.

If your artist is local and chances of this track blowing up are little to none....then it may not be something to worry about.

Make sure the contract you have between you and your artist states that the song contains a sample which has not been cleared. This will not save you completely, but it can put most of the legal responsibility on the artist instead of you. Of course the artist can always sue you if they get caught and owe any money from the track with the sample, but that is a chance you take. Just try to protect yourself the best way you can.

Bottom line is any sample must be cleared....single, mixtape, album, etc.
 
In order to "clear" the sample, you'll need to pay some money to the owner of the master recording. If this sample is from an underground (unsigned) artist, you can obtain the permission (license) directly from them. If they are signed to a label, you'll need to get the permission (license) from the record label.

It will be a lot easier, and likely a lot cheaper, for you to clear the sample with an underground artist without a record label. However, either way you'll need to get the permission BEFORE you release the music in order to keep it legit. If you plan to release a free mix-tape for promotional purposes, you'll want to let them know that it will be for non-profit use and make sure that your agreement with them says that you will not be liable for any royalties for the distribution and performance of that music. Otherwise, you may end up owing a lot more than the cost of just "clearing" the sample.

With all that said, HIMbeats is right when he says that if you aren't making any money, it's unlikely that someone will incur the cost of a lawsuit to take money you haven't made! Unless of course the music is damaging to the sampled artists image or earning potential. Then they might be more inclined to put the hammer to you.
 
Actually you need to get the license from either the Harry Fox Agency or you need to deal directly with the Music Publisher of the song. The record label can not help you with this other than telling you who the Publisher is. Best advice is to avoid using any samples in your beat production if you are not in a position to be able paying for a license from a major artist. By the way you'll need two licenses the master use license (which does come from the record label and a mechanical license. If the artists is going to make a music video using the track you'll also need a sync license. With all of this being needed, just stand clear of using samples. If you get rich from your beatmaking then target licenses for using samples. Check out this article about the Harry Fox Agency.
 
Prosthetic said:
What up FP. I have a concern with this vocal sample I used for a beat. I made this track for an artist with a short 2 Chainz sample in the hook. (The track KILLS by the way) Basically, you already know what I'm asking - If we can get in any legal trouble for using it. And if so, how can we avoid it. I'm guessing that if profit is made from the song then we gotta get permission and pay some dough right? What if it was put on a mixtape and distributed free? Thanks in advance. Here's the track I'm referring to if you wanna jam it:

Turn Into A Particle by Prosthetic Productions on SoundCloud - Create, record and share your sounds for free
Click to expand...

As long as you're not profiting from that sample you're fine to release it.
 
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