Sampling, Who's Responsible

[CANINE704]

O.k lets say i make a beat and sell it and it has a sample in it whos responsibility is it to clear it?...In the truth hurts "contagious" suit dj quick isint getting sued only truth and dre. dre are But quick made the beat and gave it to Truth as a birthday present (thats a quote from her) so whos at fault there? Then another case dj premier made the "10 crack commandments" beat for biggie but chuck d sued premo for using the sample (according to the source) of his voice "1,2,3,4,5,6,7,8,9" this is confusing. I mean when I sell a beat to mc so and so just out of common courtesy i shoud say "ok that will be $500.00 good luck...oh by the way i sampled bobby womack "harry hippie" Holla any help is appreciated!!!! -one-

 

[pgm]

that's a good ass question dog,I need to know that answer too,I do alot of sampling but I ain't trying to get caught up in no case,know what I'm saying?Somebody better respond to this before I get violent........



....................one..................

 

[gec]

YOU as the producer should clear the sample. If you sell a beat and do not have it written in the contract that the beat has not been cleared YOU are liable..... Dre and truth maybe getting sued, BUT Quick's career is over. Noone will ever take a beat from him now and his name is shit.....not to mention DRE & Truth will turn around and sue his ass for the recoupment of the loss..... Bottom line is the PERSON who samples someone else's work is the person who in the end is responsible for clearing that sample.

Shit rolls down hill. When the lawsuit comes its gonna be against the people with the most money that benefitted from that sample. You may put many people in the line of fire.... from Artists, record labels, publishers, managers, producers...etc...



My advice is learn how to be a musician

 

[DJ'FINGAZ]

Heeeey pgm..Long time no see buddy.How have ya been.I'm so happy to see ya

 

[CANINE704]

Gec, i appreciate what you are saying but it doesnt really make sense, Ok dre is a 15+ year vet in this game he should know to clear a sample so how is it quiks fault how is his career over? you mean to tell me dre didnt have the common sense to see if that sample was cleared ? he knew that wasnt quick singing. Nobody will ever take a beat from him? really why?..It sold at least 500,000 and stayed on the charts forever and nobody will want a beat from him?.. really It seems like it'd just be a hell of alot easier to say" hey any samples here?" Im not standing up for quik im not a fan of his music really but gec comment just didnt make much sense (no offense) -one-

 

[gec]

Ok dre is a 15+ year vet in this game he should know to clear a sample so how is it quiks fault how is his career over?

True, Dre should know, however this is far from the first time Dre has had this problem. I obviously don't work for aftermath, but I would guess that DRE does not handle ever single petty thing. Someone in his organization probably dropped the ball. Dre is a product name he most likely had nothing to do with the recording process, just has his stamp on it, which it turns makes it sell...which in turn also makes him liable

you mean to tell me dre didnt have the common sense to see if that sample was cleared ?

Again Dre most likely does not handle these issues personally

he knew that wasnt quick singing. Nobody will ever take a beat from him? really why?..

It will be scrutinized... Every Kick, every snare, every melody. Once your marked your marked. He may very well sell beats, but his status just dropped. Not to mention you can already see Truth Hurts and Dre going against him blaming him...... So enough said

It sold at least 500,000 and stayed on the charts forever and nobody will want a beat from him?..

Like I just said

It seems like it'd just be a hell of alot easier to say" hey any samples here?"

Yes it does

Im not standing up for quik im not a fan of his music really but gec comment just didnt make much sense (no offense) -one-

I make alot of sense

 

[Raticus]

As a producer you must let it be know that there are samples in the beat and give the artist/label the information necessary to clear it..... I don't think you as the producer should pay for the clearance.... if you are you negotiating your ish right.... Worst case scernio is they charge some of the clearance cost against your royalities.....

I doubt Quik's career is ova.... He has been in this game a real long time as an artist/producer... I think labels and aritists will still seek out his services......


Gen. Raticus

 

[SPINSTERWUN]

g-e-c knows what he is talking about, trust me on that note.

 

[SPINSTERWUN]

If I use a sample inside of one of my songs, I find out who owns the publishing on the sampled material. If I put the music out on my own label then I clear the sample with finances out of my own bank account. If I sell the track to an individual or a label I write down the samples and the owners of the publishing. I also make sure that they clear the sample.

It's better to pay a fee upfront, than to lose ALL of your money on the back end.

 

[lee miran]

you mean to tell me dre didnt have the common sense to see if that sample was cleared ?

According to one of the articles on this (I think at mtv.com), Universal got some kind of clearance b4 they released the song, in a flimsy attempt to cover their collective a$$. However, it seems they got clearance to do a "cover" song, not to use a sample in a new song.

They apparantly knew that they would not get sample clearance because the original singer's hindu beliefs were not in agreement with the content of the Truth Hurts lyrics (Rakim drops the f-bomb - Truth sings about her back aching from love making, etc.).

I think they knew exactly what they were doing. They perceived a "hit", but couldn't get permission to use the sample and figured they'd settle later. I'm sure they didn't expect a request for $500M in damages. In the end they will settle for much less, the song will get more publicity and it will be a bigger hit worldwide.

 

[BigLex]

well first off if you're selling a beat for $500 to some to some indy artist chances are nobody will find out you used it.... but if its a major label artist you should be weary.... make it be known the beat has samples and leave it to them to clear it- if they want to pay for your services it'll cost $500 to you and then whatever it cost them to clear the sample.

About the Dre case, it aint Quik's fault- Dre claimed that he tried to contact owners but couldnt get in touch with anyone. Quik aint over.... and Dre wouldnt sue him.