clearing samples
- Thread starter camn
- Start date
Camn,
I haven't had to clear samples, but I have used music that was owned by a large publishing company. Here's what I did. I found out who the writer of the song was (and the correct title). I then searched BMI and ASCAP's databases to see which one handled the performance rights of the song. I found the appropriate song in BMI (I verified that it was correct, because both the writer and title were the same). That's a tricky area, because there are many songs with the same title so you have to double-check with the writer & title.
BMI lists their publishers and gave an address and telephone number to call them. I called the publisher and told them that I had made an original recording of one of their songs and wanted a permission to use it. They asked me to formally send a written request and I did. They sent me a mechanical license contract. The contract specified the amount of mechanical royalty (then 6.55 cents per CD containing the song). I just sent them the 6.55 cents times the amount of CD's that I printed up. They asked for a receipt to prove how many I printed, I sent them a copy of my receipt from the pressing plant.
In YOUR case (with samples), you will have to get permission from BOTH the publisher (e.g. Peermusic Publishing) AND the label (e.g. Columbia Records) that put the song out (sometimes they're the same people, sometimes not). This is because the song (music/lyrics) are owned by the publisher/songwriter and the actual sounds are owned by the record label. So figure out which samples, which songwriters/publishers, which performance rights organization (BMI, ASCAP or SESAC) and start contacting them. With samples, if you're using multiple samples within one piece, it may be better to finish the recording and then send a rough mix to the labels and publisher so that they know how much of the sample that you're using. They will either arrange a royalty (i.e. 1.5 cents per song) or they may want a straight fee ($1000 for the use of the sample).
To my knowledge, there is no statutory rate on samples (i.e. X cents for Y seconds) like with using a "song", so everything will have to be negotiated with the publisher AND record label. Much success to you. You will likely find that it will be a lot of work. Perhaps, you should try one song to test out and if it is the nightmare that I suspect it is, you may want to create your own beats or material or make your own samples by having people play stuff while you record them.
Rev E
I haven't had to clear samples, but I have used music that was owned by a large publishing company. Here's what I did. I found out who the writer of the song was (and the correct title). I then searched BMI and ASCAP's databases to see which one handled the performance rights of the song. I found the appropriate song in BMI (I verified that it was correct, because both the writer and title were the same). That's a tricky area, because there are many songs with the same title so you have to double-check with the writer & title.
BMI lists their publishers and gave an address and telephone number to call them. I called the publisher and told them that I had made an original recording of one of their songs and wanted a permission to use it. They asked me to formally send a written request and I did. They sent me a mechanical license contract. The contract specified the amount of mechanical royalty (then 6.55 cents per CD containing the song). I just sent them the 6.55 cents times the amount of CD's that I printed up. They asked for a receipt to prove how many I printed, I sent them a copy of my receipt from the pressing plant.
In YOUR case (with samples), you will have to get permission from BOTH the publisher (e.g. Peermusic Publishing) AND the label (e.g. Columbia Records) that put the song out (sometimes they're the same people, sometimes not). This is because the song (music/lyrics) are owned by the publisher/songwriter and the actual sounds are owned by the record label. So figure out which samples, which songwriters/publishers, which performance rights organization (BMI, ASCAP or SESAC) and start contacting them. With samples, if you're using multiple samples within one piece, it may be better to finish the recording and then send a rough mix to the labels and publisher so that they know how much of the sample that you're using. They will either arrange a royalty (i.e. 1.5 cents per song) or they may want a straight fee ($1000 for the use of the sample).
To my knowledge, there is no statutory rate on samples (i.e. X cents for Y seconds) like with using a "song", so everything will have to be negotiated with the publisher AND record label. Much success to you. You will likely find that it will be a lot of work. Perhaps, you should try one song to test out and if it is the nightmare that I suspect it is, you may want to create your own beats or material or make your own samples by having people play stuff while you record them.
Rev E
Another thing that I forgot is that if you are or know of very capable musicians, you can make your own samples of the material that you want, even if it's based on a published song. Doing this you would only have to deal with the publisher of the song, since you didn't use the "sounds" from the original recording.
Using this approach, you would only have to negotiate a mechanical license from the publisher. Since there is a statutory rate, what you negotiate can be a "per cents" rate per copy of the CD (1.2 cents per use per copy). In this way, you won't have to shell out a flat fee and you can save money for marketing your "national release".
Rev E
P.S. BMI= www.bmi.com ASCAP = www.ascap.com
[This message has been edited by Rev E (edited 06-22-2000).]
Using this approach, you would only have to negotiate a mechanical license from the publisher. Since there is a statutory rate, what you negotiate can be a "per cents" rate per copy of the CD (1.2 cents per use per copy). In this way, you won't have to shell out a flat fee and you can save money for marketing your "national release".
Rev E
P.S. BMI= www.bmi.com ASCAP = www.ascap.com
[This message has been edited by Rev E (edited 06-22-2000).]
David Hooper
New member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by camn:
Does anyone have any experience clearing samples for national release?? I totally could use some advice.<HR></BLOCKQUOTE>
www.indie411.com has a listing of companies that will do all of this for you.
dave @ kathode ray
www.indiebiz.com
Email biz101@kathoderaymusic.com for a free music promotion course.
Does anyone have any experience clearing samples for national release?? I totally could use some advice.<HR></BLOCKQUOTE>
www.indie411.com has a listing of companies that will do all of this for you.
dave @ kathode ray
www.indiebiz.com
Email biz101@kathoderaymusic.com for a free music promotion course.