question about copyrights/samples

[spock]

i wanna use a little public enemy vocal sample but i don't want to go through all the clearance stuff. my record's gonna have like 200 copies pressed, so nothing big. do i got to worry about getting in legal trouble? i'm not to sure about this type of stuff, just want to be on the safe side. thanks.

 

[Stealthtech]

If you intend to sell it....then yes you certainly need permission...and the chances of getting that OK is slim to none

 

[bennychico11]

When in doubt....always ask the original artist for permission. And yes you can get it okayed by them, but it's gonna cost you.

 

[spock]

ok thanks guys... but i thought there were samples that are more or less in the public domain. samples like "there it is", "hit it", and "here we go again" (the sample in question) that you hear everywhere. are these commonly used samples legal or would i still have to go down the whole clearance process?

 

[bennychico11]

The only way you won't have to pay any one artist for samples is if you buy sampled CDs. In buying the CDs you are purchasing the rights to use all those samples. All those phrases, "here we go again", "hit it", etc....were probably all on sampling CDs that you can find in pretty much any music store. If you're wanting to use a specific part of a song that was composed/created by a certain artist off their album...chances are you will have to ask the artist for permission because you won't find it on any sampled CDs. But, there is some big name artist out there who does provide sampled CDs of mostly all of their stuff because they want people to use it. Not sure at the moment who that is though.

 

[johnnymegabyte]

Spock --- if you get sued, it's free publicity.

Look what it did for Vanilla Ice. His big hit Ice Ice Baby was a sample of Queen's Under Pressure.
He might have to re-pay Queen for the "one" song, but he keeps the royalties on the other songs from his album, which wouldn't have sold otherwise. Somewhat of a marketing strategy. Maybe a fluke on his part.

Traditionally, the record company pays the "mechanical royalties" to the song writers. When using samples, it can add up on the total rate payable for an album by the record company. The record company might frown on this because their extra cost. They cannot re-coup the cost from outside sources, like non-artist songwriters and samples used.
So, if an artist writes their own songs, they are in essence paid two ways. Once for the recording, as an artist, and second, as a songwriter. In this case, the contracts are usually written, that all forms of royalties can be re-couped from the costs of the record company.

 

[Blue Bear Sound]

Traditionally, the record company pays the "mechanical royalties" to the song writers. When using samples, it can add up on the total rate payable for an album by the record company. The record company might frown on this because their extra cost. They cannot re-coup the cost from outside sources, like non-artist songwriters and samples used.
So, if an artist writes their own songs, they are in essence paid two ways. Once for the recording, as an artist, and second, as a songwriter. In this case, the contracts are usually written, that all forms of royalties can be re-couped from the costs of the record company.

If you think the record company is paying anything, then you're dreaming..... the record company will front the money, but they re-coup everything from the artist (unless the artist's album doesn't sell, in which case they take a loss!)

 

[NL5]

I don't know why someone hasn't posted this suggestion yet -

Just take out the public enemy sample, and throw in some cowbell!

Problem solved!

 

[johnnymegabyte]

If you think the record company is paying anything, then you're dreaming..... the record company will front the money, but they re-coup everything from the artist (unless the artist's album doesn't sell, in which case they take a loss!)

The record companies DO pay copyright to songwriters.
But, if the artist IS the songwriter, then the record company can re-coup.
I am in the industry with a major label.

P.S. "Don't quit your day job" ;-)

 

[Blue Bear Sound]

The record companies DO pay copyright to songwriters.
But, if the artist IS the songwriter, then the record company can re-coup.
I am in the industry with a major label.

P.S. "Don't quit your day job" ;-)

Looks like I just taught you something you didn't know then........!

So you think that the record company is not recouping any mechanical license fees they have to shell out for samples used on their artists albums? If so, then you don't know your own occupation very well..................... the record company recoups EVERYTHING they shell-out for from their artist's sales. IN OTHER WORDS, the artist is the one that's really paying for the mechanical licenses (among other things) for any samples used, not the record company.

I don't think you understood what I was talking about..........

 

[distortedrumble]

didnt anyone ever see 50 cent talking about making a cd on a budget? he was talking about buying beats and samples and that he had to weigh the cost of the really hot beats which 2 of them would cost the amount for the budget or being creative and comming up with originals to save money. theres alot of beats i want to use...some i can recreate so they dont sound like the original and others i know if i ever want to sell it then I'll need permission and a nice bank roll

 

[johnnymegabyte]

the record company recoups EVERYTHING they shell-out for from their artist's sales. IN OTHER WORDS, the artist is the one that's really paying for the mechanical licenses (among other things) for any samples used, not the record company.

Artist contracts are usually one-sided, biased toward the record company, with lots of clauses. Usually, it's not until the costs are re-couped that the artist sees any money, aside from the advance, and that's part of the re-coup, too. Who do you think really pays for the limo's, parties and other rock star lifestyle percs. The record company picks up the tab, and charges the artist. So, there are no free rides for the artist.

So, it is rare that the artists make any money at all from their recordings. Only major artists selling mega units make anything. The real money is in performing and merchandice. That's why some artists are selling at their shows, and Jimmy Buffett, for example, started his own record company.

No offence to Blue Bear Sound (fellow Canadian). You know your stuff. There are many ways the record company can put the shaft to the artist. Just on what you've been exposed to or who's in the know.

An the don't quit your day job comment wasn't thrown at you, but a general statement about the would-be rock star. You can make more flipping burgers, or working in a record store then from making music.