Using Uncleared Samples On a Mixtape? PLEASE help!

J

Jhae

New member
Hey guys... I have a question... I seem to get different answers from different people and different books and publications.

I'm planning on releasing a promotional mixtape for my indy label this March, and I have a few songs on the mixtape that have uncleared samples. Now considering that I'm making zero profit off of this, and I will have in big bold letters "FOR PROMOTIONAL USE ONLY" on the CD is it still imperative that I get the samples cleared? I'm only releasing this CD to generate a buzz locally. I'll be giving the CD's away for free.

Our budget isn't really allowing for us to get sample clearances, as I'm guessing the prices for these are pretty exuberant... So what do you guys think? Is it a safe bet I'll be okay, or should I just stay away from samples altogether, dropping the quality of my mixtape...?
 
LMAO!

Either get the samples cleared or don't use them.


If you want to use them anyways then don't feel bad when the shit hits the fan.
 
Gotcha...Do you know how much samples usually cost to clear? Is there usually a set price or does it vary depending on the artists...Is the payment paid up front, etc? I know I should probably read more into the HFA.... I just don't want to invest a lot of money into something and not get at least some return out of it....My questions are pretty vague and ignorant I know...

There are so many damn loopholes and hoola hoops you hav eto jump through just to get anything out there. Its' confusing because I hear different things from various sources. I will look into getting the samples cleared though.
 
Yeah....................

How far are you anticipating this mixtape to reach?

When I first started my deal I just used "top Hit" beats from various nationally known artists, made a cd and put it out there. I mean. If its just local, who the fuck cares.

My point, is "Badboy Entertainment" gonna sue a person who distributes a few hundred cds cuz it contains a sample or even a beat of theirs? I couldnt see it happening. Im just going off the point of "locally".

Here is my thought, if you get sued for using samples for some tight shit, and dont have any money to even really get sued for, LOL, thats just some publicity you got your people. But, Im not a pro as far as the legal aspects of the music industry by far! How legal is your labe/production company?.

What kinda image are you trying to make for yourself?

If you want a "no questions asked" product, dont fuct with the samples, "my opinion " if you are just trying to get some local heads to turn to promote a future fanbase, do what cha gotta do. I know that dont give you an acurate answer, but let me put it like this, Vanilly Ice made a riff, or who ever, that sounded "almost" like Queen's "under pressure", damn, on the other hand, I dont know the band's name, but that dude who did the song "Bitter Sweet Synphony" got sued for just about ever pennie he and his group made cuz he used the same melody that was copywrited in his hit song, make since? pM
 
Yeah...I def feel the do what you gotta do attitude... And I'm to the point where I'd be willing to risk it... Yeah it's just a local thing nothing national. However I'm taking in all points of view here, i see where Outlaws is coming from and I see where pM is coming from. The rap game is a lil different than other music, because that's what rap is about sampling other music to make new hits. Yeah, it's only gonna be like 1000-2000 cd's pressed up to release to a limited audience.

My label isn't an official company... yet... I have to get the trademarks for the labels likeness/logo later this month started. Then I will register the bus liscense. Then we will release our first mixtape in March if all goes well...
 
I am not going to profess I know anything about theproper way of clearing something, but if you hnestly believe you or an artist on your lable is going to make it big one day, the last thing you want is someone getting pissed at you and filing a lawsuit. They might not win.....you might not lose that much.......but the lawsuit it self will cost enough to make you wish you told that band to take a hike or get their own beats.
 
A bunch of my guys do this mixtape thing, Im against it"ONLY" cuz we have like four producers in the group, me being the amature cuz I just started this past summer, but between us all we have hundreads of beats, me alone, I have like thirty or so, I'm feelin em and our guys are picky fucks as well, LOL. We have a grip of emcees as too, all hungry for dope beats. I am currently producing an album for my guy. I believe I am the ExP, but I dont know how that shit works. Anyway, do you or are you going to be producing beats. Either way i'd like to hear some of your material. Feel free to hit me at pm_jankinz@hotmail.com, currently our music page is down on our website due to the reason you are concerned for, but check out the links n shit, www.impk21.com. lake, pM

pms, I am currently trying to get some of my beats on soundclick for some feedback, keep checkin back, good luck.
 
yesum I do, msn instant messanger, in fact Im on right now under pm_jankinz I believe. Im notta pc wiz or good with the internet, so I dont know how you connnect with one another, I had my guy set it up. Get at me though, I go by pM for a reason homie, LOL nah, im on though
 
yesum I do, msn instant messanger, in fact Im on right now under pm_jankinz I believe. Im notta pc wiz or good with the internet, so I dont know how you connnect with one another, I had my guy set it up. Get at me though, I go by pM for a reason homie, LOL nah, im on though
 
As someone with years of experience in PR, owning a record label, recording music, and managing artists... I have to suggest that you play it safe on this one. If it's still early enough to take the samples out, take them out. You could run into problems any step of the way, including when you go to get your cd's pressed. The manufacturing company will make you sign an IPR form stating that you are the owner of ALL the material. If you sign it and eventually get caught, you're probably going to get sued and won't stand a chance in court.

Always do the right thing, and you'll never have any problems.

On the other hand, if the artist you're sampling isn't too famous, just call them or their label and see if they'll give you written permission to use the track. For less than 2000 copies, it's not usually a big deal unless you're dealing with a bigwig.
 
Wow, I was looking at the Harry Fox Agency's website, and I did a mock sample request via their online form. They made it real easy to do, so I think I'll go ahead and do it the legit way, haha. I acted as if I needed a sampel for Marvin Gaye's "Lets Get It On" and they only wanted $100 for the sample. Not too outlandish, much cheaper than I would have thought.
 
Hmm, this seems a little more complicated that I expected. Does anyone have any resources, or have a step by step guide that you need to go through to clear a particular sample? Any links or advice would be much appreciated.
 
It is illegal for you to release a mixtape with uncleared samples, even if you have "for promotional use only" on it or don't sell it.

But...labels PAY to get on these mix tapes. It's great promotion for their artists to get on something by a hot DJ, so they're likely to look over any legal issues.

David Hooper
Kathode Ray Music
www.indiebiz.com
 
Hmm, let me explain myself in-depth...

I think some of you have misunderstood what I mean when I said a "mixtape"... It's my fault probably because I neglected to go in-depth with our plans. Basically we are an upstart independent record label, and our first release will be a promotional mixtape to promote the artists on our label. We plan to distribute the CD for free in our regional area simply to generate a buzz, no costs, just free distribution at big events, etc. So it's not us taking music from other labels and compiling it, it will be all original music from the artists on our record label.

That's why I was asking about the uncleared samples to begin with, because some of the songs that we plan to use on this promo tape have samples that have yet to be cleared. I've read books on the music industry, checked out a gazillion websites, and have read this forum, but a few things still remain unclear to me.

So here goes:

Say I create a beat that samples a portion of Luther Vandross's "Here And Now," and I like it so much, I decide that I want to release it on a promotional tape...

This means that publisher behind the song "Here and Now" is due mechanical royalties correct? So I contact the Harry Fox Agency look up the song, submit the details and It tells me we owe $103.00 for the sample. Now I KNOW that's not all there is too it, right? This is where things start to get vague to me.

Someone else is due money I believe, yet I don't know where to go from here, or who to contact... I guess I would contact the label behind the song to ask for clearance as well? Please advise the total process if anyone has experience with the above.

Thanks in advance.
 
David Hooper said:
If you sample a beat, you'll also have to pay a licensing fee for the sound recording.
Click to expand...
And I pay that directly to the label? Or does the HFA handle that? Who is getting the money form the HFA, the publishers?
 
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