Licensing rights...

Posted on

Member Since: Feb 09, 2004

Anyone know the steps to get the rights to sample a song from another artists song for your own track? And what are the steps to do it? (Somethin tells me I gotta have lots and lots of money to do that.) :(

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...bringing sexy back
Member
Since: Jul 01, 2002


Apr 12, 2004 10:56 am

you in the uk or us? ive got some stuff about doing it in the uk somewhere, but dunno if its the same over there...

...bringing sexy back
Member
Since: Jul 01, 2002


Apr 12, 2004 11:05 am

ok, heres a paraphrased version, from an article i read on the matter...

1. send a cassette copy of your track (with the sample use in whatever context its gonna be used in) either direct to the copyright holder (assuming you can find their address). if you cant find any contact info for them, contact the MCPS-PRS at [email protected]. the cassette you send should also include the original sample out of context (eg NOT in the track).

You should alos enclose a letter with the following information. The title of the new recording, the composer, record label, how many copies will be made, which countries it will be released to, and when it will be released. Aso, very important this, tewll them the title of the song you sampled. saves em trying to suss it ot and will speed up your application. Also, mention any other samples (from any artist) whch you will be using in the piece, if any.

2. wait a bit

3. probably wait some more

4. wait a bit more

5. cleared? class! if not, definately dont use it anyways, cos youve told em that youre gonna and theyll more than likely keep an eye on you...

failing that, you can employ a SCA (sample clearance agent) to do all the abobve for ya (but expect to pay big...). ive got a couple of contacts for them too, if it helps at all.

hope this helps a little!

ILLbino - one of WA's finest
Member
Since: Feb 10, 2004


Apr 12, 2004 02:09 pm

so what if you do all this and they reply saying that they won't allow use of the sample? Is there ways to get around this?

If they do allow use, do you have to negotiate royalities in regards to the sample?

Administrator
Since: Apr 03, 2002


Apr 12, 2004 02:14 pm

If they reply saying not to use the sample, I would like to think that any honorable musician would respect their right to not want you to use it and not try to find ways around it.

If they do allow you to use it, the negotiations for payment would be between you and the owner of said sample.
Apr 12, 2004 03:05 pm

It honestly depends on what kind of sample it is...you can sample something like the beastie boys and rick ruben did on "licence to ill" where they sample songs such as When the Leavy Breaks, and The Ocean, among many others. If you are going to be like puff daddy and capitolize completely off of someone elses track.. then you must contact the owner(s) of the song (writers, AND publishers), or their direct legal representative. Im sure, there is always a way around it.
And the "payment" is in no way negotiable. If you are selling records and the Track is getting played on the FM waves then youd have to pay the owner of the song. Royalties. If you release the sampled material and you do not at least ask/get permission they have the right to sue you through the copyright infringment acts. If you are doing this for your own personal enjoyment i dont think 50 cent will hunt you down for using his beats man. Or whatever you are doing. Im interested actually in what you are going to sample. Let us all know. peace

...bringing sexy back
Member
Since: Jul 01, 2002


Apr 12, 2004 04:06 pm

i think, actually, that any sample ought to be cleared and that even the beastie boys had to ask permission...

always ask with copyrighted material!

Member
Since: Feb 09, 2004


Apr 12, 2004 10:35 pm

I'm from the U.S. I have a friend that wants me manage him with his tracks. He's had offers by people in person but passed them up because some of his tracks were sampled and not properly licensed. So I'm trying to help him get somewhere with this. So for now we're just working with his original legal music until we figure out what to do with the licensing problems.

Czar of Midi
Administrator
Since: Apr 04, 2002


Apr 15, 2004 09:42 pm

Your town should have a local music biz association of some sort and they would be able to help you get in contact with the proper peeps to work out the rights to use said samples. Take a look in the yellow pages or whatever. You should be able to find something.

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