Sample clearances: Who's responsibility?

  • Thread starter Thread starter McRob
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McRob

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I gotta simple question... this maybe a vague question but here it goes...

Say your a producer and you make a beat and you sampled off a record. Now the artist loves that bear that you made of the record and that artist wants to buy it..

Is it the producers responsiblity to clear the sample before they sell the beat or is it the artist responsiblity to clear the sample therefore the producer doesnt need to clear it at all?
 
yup its the artist/lable's job to celear samples and mastering tracks as well
 
What if the artist isnt signed to any label, then its still the artist responsibility to clear it still? Is there a reason why?
 
if there's no lable involved there's no point. the owners will probably never hear the track, & bif they do, you cats will probably require a distribution/record deal. in which case tell the lable & leave it upto them.

generally speaking though you cant tell what saample is used anyway if the sampler is sick, yu should chop it in a way that makes it hard to know what it is.
 
Ok so your saying that if the label's are involved in the process, then there's no point and selling that particular track that contains a sample to that artist?
 
nah man, if there's a big lable involved then tell them & they will decide if it needs clearance,

however if this is just a local artist & he's gonna sell like under a few thousand then it doesnt ned clearing cus the chances of him being sued are very very small, however i reckon u should tell the person that their are samples, & if u wanna keep ur sample sources secret then dont tell him what samples are used unless he's gonna clear em!
 
why thankyou! i dont think its quite as inspiring as some of that martin luther king stuff, but its close!
 
Ok cool so either way no matter what the situation is, its the artist's responsibility to clear it. Ok cool thanks. One more thing not to some dumb since it wasnt really answered, how is it the artist responsiblity to clear, why isnt it the producers responsibility to clear it?
 
cos its not ur job, ur job is to make a sick as beat, and w/e else is on them
 
one more point. when you get to the stage where you are selling tracks to major labels, make sure that you have an entertainment lawyer. when they make producer agreements for you make sure that there is legal wording that specifically states that you are not liable for any fees that the label may incur that arise from sample clearance or disputes
 
technically........

you cant sell the beat till the samples cleared....

just wanted to throw that in
 
actually you can sell a beat before the sample is cleared. i do it all day. the person who buys the beat can't sell the music until THEY'VE cleared the sample.
 
no ones sayin you cant do it yourself personally....but technically by law......you cant sell music that uses copyrighted material without having permission first hand...

basically what im gettin at......is it dont matter what happens on the streets or on a personal level with you and the label...legally...you have no rights to sell the material cause you dont own it.......which is why i said "technically" before my comment....cause it doesnt mean its common practice...but thats what the reality of it is if you go by the book....which is why if you read in the new scratch mag.....the label had a **** load of problems clearing the supertramp sample off of blaze's beat cause they leaked it before the clearance went through
 
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right i feel you, technically you can't sell what isnt your's but for all the producers who are making beats with samples, SELL THEM JOINTS, get your money and make sure the artist/label pays for the clearance
 
the MAESTRO said:
right i feel you, technically you can't sell what isnt your's but for all the producers who are making beats with samples, SELL THEM JOINTS, get your money and make sure the artist/label pays for the clearance
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yep...no doubt....basically is the way the streets do it....i just wanted to throw that in there so cats KNOW that its not really ok by the rich white dudes in the legal system...so keep on your p's and q's
 
Yeah.. I figured it would be the producers reponsibility to clear it or it shouldnt be used at all. Thats another reason Im going to be doing more composing than sampling now a days.
 
McRob said:
Yeah.. I figured it would be the producers reponsibility to clear it or it shouldnt be used at all. Thats another reason Im going to be doing more composing than sampling now a days.
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hoooold up, i dont want you to get the wrong idea about this. AS THE PRODUCER, IT IS NOT YOUR RESPONSIBILITY TO CLEAR THE SAMPLE!!!! i have sold tracks to artists that have been used on albums released by major labels and have recieved payment for the compositions prior to the underlying sample being cleared. IT IS NOT MY RESPONSIBILITY. i have sold tracks to labels that could not clear the sample after they had already purchased the track; IT IS NOT MY RESPONSIBILITY!!! if the label chooses not to pay for the clearance or they can't obtain clearance, THAT IS NOT MY ISSUE. MY SERVICES HAVE BEEN PAID FOR!!! if you want to sample, then sample away. the only chance you take is that your publishing share will be reduced by the amount required by the original publisher. which means that you may not recieve royalties on the song, but don't let that stop your creativity. i have a song deal pending with def jam as we speak, i used a sample and recieved my front end payment, but i have to take the publishing hit. I dont care, because my name gets out there and i get paid! you can make a fortune off of your production without recieving royalties. but if financial longevity is your goal, then keep it all original!
 
technically by law......you cant sell music that uses copyrighted material without having permission first hand...
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thats not true
 
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