Posted By AK beatz on 13 Sep 2009 12:51 AM
Posted By Slavebell on 12 Sep 2009 11:35 AM
Prob not but he dont need to clear samples anyway cos he is selling leasing rights... Legaly he took the song rearenge it and than for 10$ selling his work and time he spends... If he would sell exclusive than he is selling a song he made from onother song and than samples needs to be cleared...
BTW im not sayeing my opinion thats how it really is
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So what's the difference?
If he leases his beat, he's taking money for it. It's the same song, no matter if you lease it or sell it exclusive.
You're taking money for a beat, that contains samples, which are not cleared yet ---> illegal.
Who told you, that its not a big deal if you just lease your sampled beats? It's still a uncleared sample...
I had Music bussiness subject at SAE institute so i hear that there...
Its not illegall! U don't sell song/beat ur just cashing ur work and time u spend for makeing it.
Cos its leasing. Leaseing beat means artist have permission to make 1000(+-) copys of it and can not use it commercialy. (i mean he can sell his songs but cant go and sign for major publisher etc)
anyway here i found great article bout this so anyone who is interested can read
If you use samples in your commercially released music, you should get
legal permission. The process of getting permission from the owners of
the sampled music is referred to as "sample clearance." Failure to get
the proper permission could lead to serious consequences: lawsuits or
the inability to distribute your music to the public.
When Sample Clearance Is Required......
In general, sample clearance is required only if you plan to make copies of your music and distribute the copies to the public.
Sample clearance is generally not required if:
You are just using the sampled music at home.
You are using the sample in live shows. This is because, usually, you
are not making copies and the owner of the venue pays the blanket
license fees to performing rights organizations such as Broadcast Music
Incorporated (BMI) or American Society of Composers, Authors, and
Publishers (ASCAP).
You plan to distribute copies to the public but meet one of the
following: (1) an average listener would not notice the similarities
between your end product and the sample, or (2) your use of the sample
falls under the "fair use" doctrine. For more information on these, see
"Defending a Lack of Sample Clearance," below.
Operating Without Sample Clearance
Many artists releasing their own recordings can't obtain clearances --
either because they can't get the music publisher to respond to their
phone calls or because they can't afford the fees.
What is the risk? Using a sample without clearance is always risky.
However, as a practical matter, if you only sell recordings at shows
and don't make more than one thousand copies, your risk is reduced. The
owner of the source recording will be unlikely to learn of your
samples. However, if your recording becomes popular at clubs or on the
radio, or if a major label wants to pick it up, you'll have to deal
with sample clearance.
Reducing the risks. If you use an uncleared sample, you can lower your risks by:
making it unrecognizable
not using the sample as the groove or hook
burying it in the mix, and
not using the title of the source music in the title of your song.
Defending a Lack of Sample Clearance
If you decide to use samples without clearance, you might be in the
clear in certain situations. Under the copyright law, you don’t have
to obtain sample clearance if:
Your Sample Use is Not Infringing
If you alter a sample so that an average listener cannot hear any
substantial similarities between your work and the sample, there's no
violation of the law.
Your Use is a Fair Use
What is fair use? Fair use is the right to copy a portion of a
copyrighted work without permission because your use is for a limited
purpose, such as for educational use in a classroom or to comment upon,
criticize, or parody the work being sampled.
Factors in determining fair use. Generally, when reviewing fair use questions, courts look for three things:
You did not take a substantial amount of the original work.
You transformed the material in some way.
You did not cause significant financial harm to the copyright owner.
Don’t believe the widespread myth that "less than two seconds is fair
use." It’s not true. Also, some courts apply this fair use rule only
to the musical composition copyright, not the sound recording
copyright. For example, one judge ruled that any musical sampling
violated the sound recording copyright.
You can use the above arguments in order to defend yourself against a
lawsuit for sampling without permission. The problem: You won’t know
for sure which way the judge will rule. And, most likely you’ll have
to hire an attorney to represent you in court
When Possible, Seek Permission
You'll be on safer legal ground if you seek permission, especially if
you have a record contract that puts the burden of sample clearance on
your shoulders. Such contracts usually contain an indemnity clause --
which means that if you and the record company are sued, you must pay
the record company's legal costs. Ouch!
Note that when you sample music from a pop recording, you need two clearances:
one from the copyright owner of the song, who is usually a music publisher, and
one from the copyright owner of the master tapes, which is usually a record company.
To learn how to get the proper sample clearance, see How to Obtain Sample Clearance.
Publicity Releases
There's an extra wrinkle if you use a sample for purposes of selling or
endorsing a product (for example in a Volkswagen ad), and the sampled
artist is identifiable. In cases like this, you also need to get the
source artist's consent. That's because the ad creates the impression
of an endorsement. Without the consent, the source artist could sue for
what is known as the violation of the "right of publicity." (The same
would be true if you imitated the source artist's voice without
sampling it.) So when you use a sample for an advertising agency or
other commercial client, be aware that a third type of clearance or
"release" may be necessary.
Roadblocks for Small Labels
Nowadays, there are significant roadblocks for small independent labels who want to acquire sample clearance. For example:
Some owners of source music won't deal with independent or unsigned
artists. "A lot of times if it's self-released, we say come back when
you have a deal," says a sampling rep at one major music publisher.
Often the copyright owners will want to hear a recording that shows how
much of the source you intend to use and how you intend to use it. That
means you have to do your recording first, without permission. If you
then can't get permission, a lot of hard work will have gone to waste.
Many small labels cannot afford the steep sample clearance rates. While
there are no standard fees, the music publisher usually wants:
an up-front "advance" payment (which could be anywhere between $250 and $5,000), and
a percentage of the song income (usually between 15% and 50%).
The owner of the master recording will want:
an up-front payment (usually at least $1,000), and
a "rollover." A rollover is a payment that's made when a certain number of copies have been sold.
Sometimes, instead of a rollover, the owner of the master will ask for
a portion of future record royalties (although sampling consultants
advise against this practice).
Pre-Cleared Sample Discs
Sample CDs -- recordings that contain sounds and riffs specifically
sold to be used in samplers -- can be a good alternative for small
labels. Most sample discs are "pre-cleared," which means that by buying
the disc, you're automatically granted permission for music usage
without the payment of any further fees.
If I buy the sheet music, do I have the right to perform it?
However, the permitted use of pre-cleared samples may vary from one
disc to another. Don't assume you can use the sample in whatever way
you like. Review the documentation that comes with the CD for any
license information. Most sample disc makers grant the user a
"nonexclusive license" to use the samples –which means you, and
everyone else, have permission to use the music. However, with a sample
CD you don’t buy the right to redistribute the samples, only the
right to use them in musical works.
If you find that your purchase of the disc doesn't grant the rights you
need, contact the soundware manufacturer to see if you're eligible for
a refund.