For independent artists, clearing a sample can be difficult and expensive. And sometimes, the right sample can add a certain magic to a track that just can't be recreated. What's an independent artist to do?
When it comes to sampling, my advice to clients is always the same: if you're serious about making money from your music, then you should clear your samples. If you're not prepared to clear samples, don't make sample-based music that you intend to release. Forget about "fair use" ï¹£ it's a narrow exception with a lot of uncertainty. You should operate with the assumption that all samples must be cleared.
Common excuses for not clearing a sample:
Licenses are expensive
It's going to take too long
Copyright laws discourage creativity
I don't really care about making money from my music
I don't feel comfortable doing it myself
Most people won't recognize the source and I probably won't get caught
I'll never write another track as good as this
Burial didn't clear any of his samples
Good reasons to clear a sample:
I want to be able to earn money from my song
I know I can't rely on "fair use"
If I try to clear the sample after releasing the track, I'll have no bargaining power
I don't want my song to be removed from streaming services
I don't want to get in trouble with my distributor or manufacturer
I want to support another artist I admire
How are samples cleared?
To clear a sample, you need to get permission from two parties: 1) the owner of the sound recording (usually a label); and 2) the owner of the composition (usually a publisher). You can typically find this information online fairly easily. Contact both parties by email and begin negotiations. Or, work with a music lawyer or clearance company (there are a lot of great ones out there!).
The cost of clearing a sample varies widely, from hundreds of dollars to tens of thousands of dollars. The amount you'll have to pay depends on a number of factors, including:
How well-known the original song is
How much of the of the original you've sampled
Whether the sample is the heart of the track, or whether it's in the background
Your stature in the industry, including past records sales and streams
A word of caution: If you've already released the song, you'll essentially have no leverage in negotiations. That's why it's important to sort these things out early in the production pipeline!
As always, this blog isn't legal advice. If you have more questions about clearing samples, contact Caleb Ellis below.
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