If I have a label coming after me for a beat that I made then I’ll know I’m starting to get somewhere with my art. That’s my whole mindset with sampling
Same. Most of us are not close to popular in terms of music popularity, so if I ever put out something with an uncleared sample, and then the label gets mad at me, I’ll be annoyed, but also happy
1. If you made a beat with the uncleared sample, say u put it on youtube. Someone may still it. And u can't do nothing about it, cuz you yourself did it "illigaly" 2. You're not gonna be able to upload it on streaming services and beat markets, like Beatstars. Am I wrong somewhere?
This is what I've been thinking but is is true that if you use an unclear sample the law says you can be banned from publishing music , I've sampled 5 seconds from a Beatles song and just debating whether to post it cos of the risks
@@wakeup.1990i made a beat in 2011 I heard Timbaland play that ish from some kid claiming he made it in a tweet. You grossly underestimate the pettiness of the music industry and the Internet in general
Same here, I haven’t took any money at all from my label and don’t plan on doing it as because I’m doing this outta my enjoyment and not really for any needed financial support, so if the sample labels contact me about it and require money I’ll just hand it over to them lmao
I found this very helpful. Regardless of The fact people have been doing this for years, there are new artists and indie labels that don’t know simple pearls like this. Not giving legal advice but educating people on what you have seen others do, is the proper way to side-step legal liability. Very smooth & nicely done. Thank you for the insight!
I agree but we live in a country where that's not true. We also have to think about someone else making the same thing and reaping more rewards than the original creator, give OP some legal ground
Imagine putting effort into a song that flopped and then a beatmaker and a rapper takes it, put some drum loops over and earns lots of money because they made it a hit ¿Don't you think is unfair? That why (even tho it's very difficult and not budget friendly) sample clearance exist
Wait, so the companies that sell the public the samples/ sounds/ notes and so on; that say in writing that you can do with the notes/sounds/loops/samples; anything you want with it as long as you don’t resale the sounds or sample/loop alone means what exactly? Also didn’t the original creators of said one note/4 notes sell said notes to these companies as is for the public to buy and use as they wish as long as they created it into their own music?
BROV!!!! I've been telling young artist and fellow practitioners of the art of sampling to just get sued... It's a great problem... Just don't fight it. Give respect and credit and pay the folks what they want. Clear goin forward. Thank you kind sir
Honestly I agree with you. Although I will say it's easier to just "remake" a sample by having someone cover it. Kanye did that with all falls down because Lauren Hill didn't clear the sample
Ask for forgiveness, not for permission. Pretty much if you make the sample, and if it blows up, be ready because the label will come wanting. They are pleased their work is getting traffic, but they want a share of it.
DJ Pain did that trick with Timbaland's sample. The song was successfull. Then Timbaland's people came. Timbaland took all 100% of earnings. What a great negotiation! Seriously, when you make a song that breaks copyright law - the copyright holder will be in strong position. They are not going to negotiate.
some dips have algorithms now that won't even upload your music that has a license from a major especially if you use loops chopping is different but if it goes big what was stated in the video will happen But just create and put your music out no regrets and if someone wants to get a cut from something you sampled don't fight that. its that artist or groups right just love the creativity process and make the art
@@Jah_Babylon Yeah I agree, alot of the time the loop is in the right order, I don't need to chop it. But people will chop it anyways to feel like they actually did something and end up with a worse end product
"Ask for forgiveness" is a wonderful option. Im happy to know that it exists. Thanks for the concise video. Cheers. ( My channel contains unique samples and entertainment :D)
A client of mine made a mixtape with samples on it, and we got a notification from Disc Makers saying they wouldn’t even produce our physicals until we got licenses. We even notified DM of our intent to give the discs away for free. BS IMHO
If a sample is very obvious and lengthy our anti piracy software will catch it, and we are then obligated to follow up and verify. Personally I think sampling is a victimless crime, but as a large company we do have to abide by the “official” rules. 🤷🏼♂️
@@tonyvv Well said. You must protect yourself as an individual because it is you that will be judged individually apart from even everyone else in your company. Artists should think to clear someone else’s original work before being blamed and at fault.
Basically I have seen 1000s of different indie rap cassette tapes pressed by Disc Makers in the 90s and I doubt if they ever asked for sample clearance because 90% of these used sampled of well known songs. Probably the policy changed a lot since then, because if I'm not wrong, you could even make an unauthorised press on these tapes up to 100 or 200 CrO2 cassette copies because they were so indie and so many orders that people who is making all mastering work wouldn't even notice even if it was already pressed by Disc Makers and had a caution line about prohibited by law. It's prohibited, but who would know in that large space of millions of different indie artists.
Thanks Tony for telling it like it is. As an artist, would being a member of ASCAP or some other organization like that let me know if my music was being sampled in someone's work?
@@tonyvv is correct. However, if all your music has an isrc associated with the song files then you should be able to track by that. But if they are making any money and your isrc is attached to their song you should also be receiving royalties. You can look up your royalty statements with your distributor website.
Wow, give to the local clinic! They love seeing you again! Thank god for the turn around! Not so funny know is this! I'm sure this is scean more clear these days!
@@jacobgrab7900that’s a completely different artform and genre than sample based music. I play multiple instruments but making audio collages from my favorite sounds and music is what im really passionate about. Doing a “cover” of the song isn’t interesting at all
I did this same thing, made something, not thinking about selling it, but now it evolved to something i want to sell, but now i must remove the samples and or recreate them myself. I normally don't like using samples, and im back to □1
"The label will come calling, then their people and your people will negotiate a fair royalty"... Where is it written that the label will be fair? Personally, I would avoid a situation where you are negotiating after the fact. If the record is already out, they have you by the cojones... and many independents don't have "people" anyway. I would always try to get clearance, or don't use the sample. There are people who specialize in clearance (I won't give any endorsements here) and it's often not as expensive or daunting as you may think.
You are 100% correct. Legal contract is obviously best, and if you can go that road and afford it, great. And no, labels won’t try to be fair. And I’m sure they’ll threaten you with willful infringement. But... I’m not aware of any major damages ever being assessed against artists who have sampled other music.
@@CardinalEgan That's a slightly different scenario, but yes those things can and do happen. I imagine a label will ask for 100% of publishing (and maybe even sound recording) royalties in some cases. Life's not fair... BUT... if in the meantime you as an emerging artist have a song that blew up and can leverage that into some name recognition and significantly grow your fanbase it may be worth it. After all, you're unlikely to get permission up front for the sample...
I agree with you! And by you not sharing any endorsements what do you mean? For I am seeking how to get these samples cleared on my records. I need your help if you can help.
It's something I've looked into recently and found it is actually very expensive and daunting to be honest. The companies that do it charge you around £2000 (about £1000 is non refundable if original holders just say no straight away) If they say yes then there's an upfront fee to the original holders too, minimum £2500-£5000, can go higher.
What if the original label would never have given permission if they'd been asked . . .do they have any legal recourse against those who unlawfully used their property? I would hope so.
I would imagine the copyright/license is owned worldwide tbh. Most either do or have different companies handling licenses for different territories. If it's over a hundred years old I think it becomes public domain. You still can't sample it but if it's re-created, I don't think you have to clear it.
A question to anyone out there. Let’s say you had a put out a track with uncleared samples on it. Would you still be withdrawing earnings from that track or would you not withdraw earnings from the track in the case that the track gets popular? Does it make a difference?
I was learning more about certain rights and recording for the reason that I do not own beats but I would like to own my lyrics . RUclips Copyright Exceptions Copyright exceptions are laws that allow you to reuse someone else’s copyright-protected material without getting their permission, but only under certain circumstances.
Romano Law : Licenses can get complicated depending on the length and nature of the music sample. A sample so brief that the underlying composition is unrecognizable may only require a license to use the sound recording.
I’m a fairly small artist , I have used the amen break.... I expect this track to sell 1k -2k.... I will find a suitable fairly small label..... so with this I expect the major label will not come chasing.... if they do we have to work something with the royalties?? 2. How would this work if I have don’t have the sample cleared and my track is played on a major radio station?
But can we actually re-record the portion of a sample we want to use and get away with that even if project goes viral? And instead of using word sampling we would claim it's a cover.
I just have on question. I believe it’s against the policy of distrokid and other distribution companies to release songs with uncleared samples. Will you get in trouble with them for releasing your music or isn’t it until labels notice you’ve used their song that you have to deal with it?
I have been releasing heavy sampled music with my distributor, Reverbnation, since 2015 and I have released records over 3 million streams and yet I have never had a problem with my distributor or the retailers. However I just learned that it is wrong for me to have music on these platforms, making money off of them without them being cleared and I will take them down very soon. Mainly because I’m in Christ now and these songs are ungodly. But ultimately now moving forward I have to clear these songs before releasing them in the manner I have done for all these years.
What if you’re the artist creating the samples ? Do you /should you try to get a content ID on them through Distrokid or upload to Ascap or BMI before selling them ?
I want to start uploading RnB Beats again and sample often. I understood as a producer I can sell leases and licenses and make the artist who wants to release the song to clear the sample. I always note in the description they must clear the sample theirselves. Is that okay or must I clear it before uploading it to RUclips?
i’m no artist or songwriter or anything but let’s say i wanted to sample some drums from a song. if i liked how it was and posted it on soundcloud or youtube and it ended up blowing up, would i get in trouble for copyright claim, meaning will there be legal issue that would have to be solved. i don’t got the money or anything i just want to sample some fun beats. but i just need to make sure that if a song of mine with a sample blows up what do i do?
Hi guys, first of all thank you for your great tips especially for indie artists like me. I do have another question. I have my own production company and I wrote the music, arrangement and lyrics of my songs. I subscribed to "CD Baby" to provide me with a UIC and paid to have my CD reproduced. Why then would CD Baby tell RUclips about licensing my music? I want to monetized my RUclips posting of my own songs and CD Baby keeps popping up! Can you explain to me why? When it's muy own copyright and music? Thanks!!!!!
I believe there is an option (at least now) within the CD Baby process to elect whether or not they will distribute to CDBaby. Does CDBaby pop up by posting your music on RUclips, or by crediting themselves as the distributor/publisher when you list your own music?
When you submit your music for distribution via CD Baby there is a free option to have them monetize your music on RUclips. If CD Baby claims on your music pop up it's because someone selected that option. That means CD Baby is claiming your RUclips ad revenues FOR you, and any royalties will appear in your account. They will also find other videos that use your music, and monetize them as well. My recommendation is that you let CD Baby do their job, since they are likely to find more of your music in videos than just on your own channel. However, if you insist on monetizing your own channel you can ask them to white label your channel. But note that your channel will not monetize unless you have 1,000 or more subscribers.
This is what I've been thinking but is is true that if you use an unclear sample the law says you can be banned from publishing music , I've sampled 5 seconds from a Beatles song and just debating whether to post it cos of the risks
How could one be banned from publishing altogether? If you really blow up, the labels may stress you enough financially to make you shut down your own label, if you have any. That's the worst I can think of. Then, you either publish solo or go to another label, with all the clout gained from the song that blown enough to make anyone care to sue you. It's not like there's a world government for music that could exclude you from its structures... Yet.
I think it just potentially makes it cheaper to clear, maybe half the cost. I recently contacted a few sample clearance companies about all this and the costs where a bit ridiculous, I can understand why people just take the chance. You would need the return on a track to be around £5000 before you even make anything. And then what you make will depend on what the original holders want from it anyway.
Man, I was trying to figure out if I can sample the scene from John Carpenters The Thing for a metal song, but your right…. One way or another, what’s the worst that can happen?
Assuming you aren’t a huge artist, u could do it and be good, but if they did sue you they would probably just steal the royalties produced from it, and make it so you can’t monetize the song
If I am the owner, do I have to register my samples before others get access to them? I’m trying to figure this out because people are asking for my sounds and I don’t know what todo about it because they are not songs, but also I’m worried that some samples are sections I have given to other independent artists for their records and I haven’t changed a thing yet. I’m not sure how to go about this, does this make me a session sample maker who then should charge for my time if it’s just on another person’s record or should I register it first and then they pay a license to me? Any advice from anyone would be really helpful right now before I send more stuff out. Cheers
Why would they “…come back at you…” if you doing something right? They would be coming to you only because you never came to them. Which is what should have been done.
Upcoming artist need permission to profit off of remakes without getting a lasuit or worse. its impossible to get in touch with original artists. But we have soo many big ideas.😢
I have sampled the amen break. . How would this work if I have don’t have the sample cleared and my track is played on a major radio station? I expect the track to sell 1k, it will simply be played on a major radio station in the early morning, so it’s not at peak time
the amen break is kinda of a outlier, it's been sampled so much people just started letting people sample It with no consequences, it's been like 30 years and no one ever got sued for using oldschool breaks.
QUESTION, IF I NOT USING THE MASTER RECORDING DO I HAVE TO CLEEAR WITH THE MASTER OWNER? WHAT IF IM JUST USING PART OF THE MELODY BUT SINGING IT MYSELF?
You can't do that anymore because labels will scan your track with A.I. to check for samples and will refuse to release it in the first place if you don't have the license. So if you intend to 'blow up' on Soundcloud, or RUclips you might be okay, but otherwise? 🤷
Ummm it’s not reassuring that you’re basically like “Yeah I’m not liable for what happens if you get sent to copyright infringement jail (i.e. if you get sued into oblivion for hundreds of thousands of dollars you don’t have or w/e), but it’ll probably be fine. 🤷” I’ll have to talk to some other musicians, people in the industry who have dealt with this more than I have, because if it really is that simple- if that’s the standard, accepted practice, & it’s just a matter of paying a reasonable royalty if/when a song blows up & they come asking for it- then that would be great, because I’d love to just be able to sample songs without worry… But I can recall a lot of cases earlier in the history of sample-based music (for instance stuff discussed in a really good documentary about the history of sampling I saw years ago) where they essentially concluded that it was next to impossible to sample artists like the Beatles or Michael Jackson because of how prohibitively expensive (or unwilling to clear samples) the holders of the copyrights/masters are, & that basically albums like Dangermouse’s Grey Album (mixing the Beatles’ White Album & Jay-Z’s Black Album) or Girl Talk’s insane mosaics of popular & classic songs would be impossible to make under the current IP regime… I mean, it’s easy to say as a hypothetical, but I’m seeing immediate issues with the logic of “ask for forgiveness rather than permission.” Like, if you’ve already released your song & it blew up super big, everyone has already heard it, you’ve already done the sampling & distribution, then what happens if the copyright holders say “No, we don’t give you permission. You can’t use the sample even for royalties, so you’re in violation of sampling without a license”? Could they potentially sue you for more for that violation than they could’ve gotten for royalties?.. Could they take everything you earned from the song? If not, what happens then? And even in a scenario where let’s say they don’t come down on you that hard, with the full force of IP lawyers & a punitive approach… If you already did it & it’s already been widely heard then you ultimately will have no choice but to accept whatever terms the copyright holders demand, because the alternative is that you refuse to pay for the licensing/royalties they demand, which means suddenly the song that made you that revenue is no longer yours, & then they could come after you in court (& if you’re an indie artist who is worried about this in the first place then you probably don’t have thousands for court/lawyer fees)… So if you don’t clear it in advance- if you “ask for forgiveness” like you’re encouraging- then doesn’t that leave you with zero leverage to negotiate from?.. At that point you NEED to get that sample cleared, regardless what they charge, so they have all the leverage & can basically just charge you whatever they want, & if it’s too much tor you to pay then that’s your problem. It seems like this approach just amounts to praying tor the good will & beneficence of corporations, but corporations have no good will or beneficence- they just have an institutional imperative to profit as much as they can. If they can profit more from screwing you over & taking everything in court than they can from accepting a smaller royalty/licensing fee then why would they ever do the latter? Maybe you can get away with it some of the time, especially if you’re dealing with an independent artist or a very small label who are just happy to see any royalties/popularization of their music (after all, the industry may act like clearing samples for other artists to use is a one-sidedly generous act the copyright holders do FOR us, but in reality sampling a song also is basically providing free advertising for the original & can even resurrect a long-forgotten song & make the copyright holder a lot of money just by boosting their own sales & streaming plays, irrespective of licensing fees or royalties paid by the sampler)… At any rate, if it’s already done & they demand an unreasonable fee then you just basically have to take a shitty deal or if you refuse probably get sued for everything you made from it… If you ask for permission BEFORE publishing a song that uses samples, on the other hand, then (a) it isn’t yet known exactly how much you’ll make off of it (so you might not get charged on the basis that it’s a smash hit with millions for the copyright holder to take the largest cut they can out of), but more importantly (b) you are in a position to negotiate, because you have leverage: if what they ask for is unreasonable & they’re unwilling to negotiate & meet you halfway, then you have the option of just *walking away*, NOT taking the deal & NOT publishing/making a song using those samples. Which means they have some incentive to work with you, because presumably they want to make royalties/licensing fees, & SOME would be preferable over NONE. That seems to me to be a huge, almost night-&-day difference in the dynamic of the negotiation. When asking for permission ahead of time the copyright holder’s options are “take what they can get in a somewhat fair business negotiation where both parties have something the other wants” vs “lose out on it all because you walk away & sample someone else instead…” Whereas if you ask for forgiveness after the song already blew up & is out there (can’t put the genie back in the bottle), with a known quantity of revenue having been earned off it, their options are “give you the chance to pay whatever they DEMAND from you as royalties/fees, while you just HAVE to accept because if you don’t get the license then you open yourself up to lawsuit & essentially stand to forfeit everything earned via your song,” or if they’re really nasty they could just “sue & take it all because you already risked that by publishing without clearing the sample.” Unless there’s something really big & game-changing I’m missing, it seems extremely sus & irresponsible to encourage artists (& particularly the younger, less experienced, more vulnerable indie artists who this video is directed towards, who probably can’t afford a legal team & would be devastated by a lawsuit or a really predatory, exploitative deal on clearing a sample) to engage in this practice which could so easily blow up in their face & ruin their lives/careers… It actually seems so odd & potentially hazardous to the artists being addressed that it makes me wonder if this guy or his company (he is literally himself a CEO) are invested in owning copyrights for various classic songs, & he’s intentionally steering people into a position where they’ll use his samples without asking prior, & then he can demand more or less whatever ridiculous rate he wants & if they refuse it will be them who get sued & lose out because in our capitalist economy, a CEO/corporation who owns the rights will always win out over some kid who just wanted to use a sample & got clapped for it. Not saying that is the case with this particular guy… I don’t know. Just saying that that is one explanation that would make sense of why he’d be giving advice that could end so badly for everyone involved EXCEPT the copyright holding record labels/investors who will get a lot more out of it if artists put themselves in such a vulnerable position.
You're not wrong. The only problem is this: If you, emerging artist, go to a label BEFORE you blow up, to negotiate your use of a sample of their Luther Vandross song, they'll laugh you out the door. The answer for emerging artists is pretty much always "no." So... by all means, try that route first. And if it's no, then you decide whether you a) remove the sample, or b) assume the risk of getting sued (and then hopefully negotiating a royalty rather than going into bankruptcy).
If I have a label coming after me for a beat that I made then I’ll know I’m starting to get somewhere with my art. That’s my whole mindset with sampling
Same. Most of us are not close to popular in terms of music popularity, so if I ever put out something with an uncleared sample, and then the label gets mad at me, I’ll be annoyed, but also happy
just put out a beat with an uncleared sample and i think the same way lol@@skibiditoiletbrainrot_
1. If you made a beat with the uncleared sample, say u put it on youtube. Someone may still it. And u can't do nothing about it, cuz you yourself did it "illigaly" 2. You're not gonna be able to upload it on streaming services and beat markets, like Beatstars. Am I wrong somewhere?
This is what I've been thinking but is is true that if you use an unclear sample the law says you can be banned from publishing music , I've sampled 5 seconds from a Beatles song and just debating whether to post it cos of the risks
@@wakeup.1990i made a beat in 2011 I heard Timbaland play that ish from some kid claiming he made it in a tweet. You grossly underestimate the pettiness of the music industry and the Internet in general
Hahahaha my boy said fuck the industry. Drop that shit youngin 🤌🏽😂🥶
💀🗣
🤣🤣🤣🤣
Oh yeah he did!!
Hellyeah
😂😂😂😂
This was the most straightforward thing in world history
Q: How Do Independent Artists Clear Samples?
A: They don't
Lol right
Yup cost more than rent or mortgage….fuk dat!!! 😂😂😂
This was very helpful! I think I'm just gonna ask for forgiveness later if I get caught 😩🥺
me too lol
Yessir
Same lol
Same here, I haven’t took any money at all from my label and don’t plan on doing it as because I’m doing this outta my enjoyment and not really for any needed financial support, so if the sample labels contact me about it and require money I’ll just hand it over to them lmao
😂
I found this very helpful. Regardless of The fact people have been doing this for years, there are new artists and indie labels that don’t know simple pearls like this. Not giving legal advice but educating people on what you have seen others do, is the proper way to side-step legal liability. Very smooth & nicely done. Thank you for the insight!
I saw you sitting in that chair. And I honestly knew this would be a useful information.
lol
Sound belongs to humanity not corporations.
I agree but we live in a country where that's not true. We also have to think about someone else making the same thing and reaping more rewards than the original creator, give OP some legal ground
Imagine putting effort into a song that flopped and then a beatmaker and a rapper takes it, put some drum loops over and earns lots of money because they made it a hit ¿Don't you think is unfair? That why (even tho it's very difficult and not budget friendly) sample clearance exist
Wait, so the companies that sell the public the samples/ sounds/ notes and so on; that say in writing that you can do with the notes/sounds/loops/samples; anything you want with it as long as you don’t resale the sounds or sample/loop alone means what exactly? Also didn’t the original creators of said one note/4 notes sell said notes to these companies as is for the public to buy and use as they wish as long as they created it into their own music?
BROV!!!! I've been telling young artist and fellow practitioners of the art of sampling to just get sued... It's a great problem... Just don't fight it. Give respect and credit and pay the folks what they want. Clear goin forward. Thank you kind sir
You have been telling people to commit an offence and sin first, and then get sued? God is watching.
@@goodvibezinChrist 🤣
Michal but won't distrokid shut down the artist page?
@@eddieanthony6886 hasn’t yet… back in MY DAY! 👴🏾 it was generally 30k in sales that triggered the law suits
Honestly I agree with you. Although I will say it's easier to just "remake" a sample by having someone cover it. Kanye did that with all falls down because Lauren Hill didn't clear the sample
Imagine how sick it would be to sample this dude talking
Ask for forgiveness, not for permission. Pretty much if you make the sample, and if it blows up, be ready because the label will come wanting. They are pleased their work is getting traffic, but they want a share of it.
Pressed my first album with discmakers back in 1998 dawn I miss those days of tangible products.
They’re still here!
@@tonyvv. no. I've got an email some days ago, they stopped pressing the discs
@@AlekSaltproduction No. That was CD Baby who stopped CD distribution. Disc Makers is still making discs and will continue to do so.
@@tonyvv are you doing vinyl records?
@@mpcbeats All day every day...
Crystal clear explanation. Thank you.
okay this was the best video I've seen in a while
DJ Pain did that trick with Timbaland's sample.
The song was successfull.
Then Timbaland's people came.
Timbaland took all 100% of earnings.
What a great negotiation!
Seriously, when you make a song that breaks copyright law - the copyright holder will be in strong position. They are not going to negotiate.
Yes, I find this helpful. I always find these videos helpful.
did not expect you'd come through with so much swag and finesse
this was strangely helpful
This is a perfect way to describe it. I didn’t have the words but thank you for helping me
This really helpful, thanks!
thanks man very helpful, i been thinking on this for a long time now
Very good point made...
If I get attention because of your sample…congrats you just got attention
some dips have algorithms now that won't even upload your music that has a license from a major especially if you use loops chopping is different but if it goes big what was stated in the video will happen But just create and put your music out no regrets and if someone wants to get a cut from something you sampled don't fight that. its that artist or groups right just love the creativity process and make the art
youtube is good at finding you out these day, i get copywrite strike on my beats alot..almost instantly as i upload..
maybe you aren't altering the samples enough
@@yaboiavery5986 the loops are fire as they are, it depends on what type of beat i'm making,
@@Jah_Babylon
Yeah I agree, alot of the time the loop is in the right order, I don't need to chop it. But people will chop it anyways to feel like they actually did something and end up with a worse end product
where is your stuff dude, please dont tell me Jah_Babylon is your smurf i need your beats NOW
great piece of advice! thank you
I'm glad I looked this up
Me from the UK, Thanks I found this very helpful.
this was great! you’re a legend for the information, thank u :)
i like this guy.
Well said sir...subscribed.
Thank you, Mad Respeckt~~!
"Ask for forgiveness" is a wonderful option. Im happy to know that it exists. Thanks for the concise video. Cheers. ( My channel contains unique samples and entertainment :D)
Don't you need sample license from both 1) owner of sound recording, and 2) owner of publishing; similar to a synch. license?
Yup
A client of mine made a mixtape with samples on it, and we got a notification from Disc Makers saying they wouldn’t even produce our physicals until we got licenses. We even notified DM of our intent to give the discs away for free. BS IMHO
If a sample is very obvious and lengthy our anti piracy software will catch it, and we are then obligated to follow up and verify. Personally I think sampling is a victimless crime, but as a large company we do have to abide by the “official” rules. 🤷🏼♂️
@@tonyvv Well said. You must protect yourself as an individual because it is you that will be judged individually apart from even everyone else in your company. Artists should think to clear someone else’s original work before being blamed and at fault.
Basically I have seen 1000s of different indie rap cassette tapes pressed by Disc Makers in the 90s and I doubt if they ever asked for sample clearance because 90% of these used sampled of well known songs. Probably the policy changed a lot since then, because if I'm not wrong, you could even make an unauthorised press on these tapes up to 100 or 200 CrO2 cassette copies because they were so indie and so many orders that people who is making all mastering work wouldn't even notice even if it was already pressed by Disc Makers and had a caution line about prohibited by law. It's prohibited, but who would know in that large space of millions of different indie artists.
@@tonyvv🍆
THANK YOU I was scared to put stuff out because of this
Honestly I'm just gonna do this. If I make something that blows up then I can sort something out.
Thanks Tony for telling it like it is. As an artist, would being a member of ASCAP or some other organization like that let me know if my music was being sampled in someone's work?
There is no such organization that will track this or notify you.
@@tonyvv is correct. However, if all your music has an isrc associated with the song files then you should be able to track by that. But if they are making any money and your isrc is attached to their song you should also be receiving royalties. You can look up your royalty statements with your distributor website.
@@upop53 Thank you for this! That ISRC is the barcode of music! The DNA of our sound for real
Wow, give to the local clinic! They love seeing you again! Thank god for the turn around! Not so funny know is this! I'm sure this is scean more clear these days!
Just flip your samples to where they are unrecognizable
or do remakes with vsts
@@jacobgrab7900that’s a completely different artform and genre than sample based music. I play multiple instruments but making audio collages from my favorite sounds and music is what im really passionate about. Doing a “cover” of the song isn’t interesting at all
But how do you put it out there ?
No distribution services wont allow that
@@Bigjuggs64I’ve never had a problem, if its different enough it won’t be recognized, change the pitch, the tempo, all that
I did this same thing, made something, not thinking about selling it, but now it evolved to something i want to sell, but now i must remove the samples and or recreate them myself.
I normally don't like using samples, and im back to □1
Brilliant! Thankyou.
Very well put in explained.
"The label will come calling, then their people and your people will negotiate a fair royalty"... Where is it written that the label will be fair? Personally, I would avoid a situation where you are negotiating after the fact. If the record is already out, they have you by the cojones... and many independents don't have "people" anyway. I would always try to get clearance, or don't use the sample. There are people who specialize in clearance (I won't give any endorsements here) and it's often not as expensive or daunting as you may think.
You are 100% correct. Legal contract is obviously best, and if you can go that road and afford it, great. And no, labels won’t try to be fair. And I’m sure they’ll threaten you with willful infringement. But... I’m not aware of any major damages ever being assessed against artists who have sampled other music.
@@tonyvv - No, I'm not aware of any damage awards either, but look at what Allen Klein did to The Verve for Bitter Sweet Symphony...
@@CardinalEgan That's a slightly different scenario, but yes those things can and do happen. I imagine a label will ask for 100% of publishing (and maybe even sound recording) royalties in some cases. Life's not fair... BUT... if in the meantime you as an emerging artist have a song that blew up and can leverage that into some name recognition and significantly grow your fanbase it may be worth it. After all, you're unlikely to get permission up front for the sample...
I agree with you! And by you not sharing any endorsements what do you mean? For I am seeking how to get these samples cleared on my records. I need your help if you can help.
It's something I've looked into recently and found it is actually very expensive and daunting to be honest.
The companies that do it charge you around £2000 (about £1000 is non refundable if original holders just say no straight away)
If they say yes then there's an upfront fee to the original holders too, minimum £2500-£5000, can go higher.
Superb advice!
The label could also write your distributor to take the songs down from streaming platforms, so take note before taking the forgiveness route
You can also try and obtain a derivative work license but the process is pretty much the same as the master use license....I think
Extremely helpful
This is bizarre, he's basically hinting that you should just do them for free and hope your song blows up.
You're right lol. I like it
🤷🏼♂️🤷🏼♂️🤷🏼♂️🤷🏼♂️🤷🏼♂️😉
🤫
that's not what he said. he said "do whatever you wish" and also said the rules. now it's you who has to think "whats the best option?"
@@KingDCN Right
What if the original label would never have given permission if they'd been asked . . .do they have any legal recourse against those who unlawfully used their property? I would hope so.
"How many streams are you expecting?"
Me in my mind:
"50-"
"They're gonna want to get paid"
if i were to sample edith piaf for example, would it be harder doing so since her work is under french copyright and i am a US citizen?
Makes no difference.. The law is the law.
@@tonyvv that made no sense but thank you
I would imagine the copyright/license is owned worldwide tbh. Most either do or have different companies handling licenses for different territories.
If it's over a hundred years old I think it becomes public domain. You still can't sample it but if it's re-created, I don't think you have to clear it.
I must show the world my art
A question to anyone out there. Let’s say you had a put out a track with uncleared samples on it. Would you still be withdrawing earnings from that track or would you not withdraw earnings from the track in the case that the track gets popular? Does it make a difference?
My artists just submitted a song with uncleared samples we will see what happens.
@@upop53 best of luck with the track, do keep me updated
well I can't make money off my recent video.
@@upop53 so what happened
@@upop53
How come people in the youtube comments always say they'll update and never do?? What happened dude?!?!
So I can't stop a sampler, I can only ask for compensation.
Correct or issue a takedown
Thanks so much man
bro, ty so much
What should i do if the distributor doesn't want to put it out...in this care TuneCore rejected it
Forgiveness looks like a full blown lawsuit😂
Best advice ever
thank uuuuuuuuuuuuuuuuuu
Pretty sure I heard sting say diddy has to pay him 2 grand a day for sampling his song without permission
Great idea
I was learning more about certain rights and recording for the reason that I do not own beats but I would like to own my lyrics .
RUclips Copyright Exceptions
Copyright exceptions are laws that allow you to reuse someone else’s copyright-protected material without getting their permission, but only under certain circumstances.
Romano Law :
Licenses can get complicated depending on the length and nature of the music sample. A sample so brief that the underlying composition is unrecognizable may only require a license to use the sound recording.
What if you can do an impression of a movie quote, it's really good, but you record it using your own voice and put it in a track?
what if you sample a whole musical piece to bring an old recording to life again. But the actual tune was a cover from 1910 tune anyway.??
When was the cover made? 1910 is public domain by now
Hi tune coveted in 1969 .. Original 1910.
@@Songs-vy7qu its still stealing. You have to clear the 1969 sample.
The 1910 recording is public domain but the copyright in the 1969 version is still defendable
He gave me uncle vibe when I ask about underage drinking 😂😂😂
I'm based in South Africa, how do I clear the sample for a track that's from the US or UK?
Very helpful
I’m a fairly small artist , I have used the amen break.... I expect this track to sell 1k -2k.... I will find a suitable fairly small label..... so with this I expect the major label will not come chasing.... if they do we have to work something with the royalties?? 2. How would this work if I have don’t have the sample cleared and my track is played on a major radio station?
Amen break is copyright-free
The procedure is the same for samples protected by COPIRYGHT
than for those not protected by copyright?
But can we actually re-record the portion of a sample we want to use and get away with that even if project goes viral? And instead of using word sampling we would claim it's a cover.
I thought this too but apparently a cover license from say 'Distrokid' wouldn't technically cover this.
I just have on question. I believe it’s against the policy of distrokid and other distribution companies to release songs with uncleared samples. Will you get in trouble with them for releasing your music or isn’t it until labels notice you’ve used their song that you have to deal with it?
Bro...watch the vid damn 😳
good question
@@bezizwedlamini1575 bro… read the question damn. They aren’t talking just about record labels, their question is specifically about distributors.
I have been releasing heavy sampled music with my distributor, Reverbnation, since 2015 and I have released records over 3 million streams and yet I have never had a problem with my distributor or the retailers. However I just learned that it is wrong for me to have music on these platforms, making money off of them without them being cleared and I will take them down very soon. Mainly because I’m in Christ now and these songs are ungodly. But ultimately now moving forward I have to clear these songs before releasing them in the manner I have done for all these years.
@@goodvibezinChrist ungodly!! Sounds interesting , must check em out
What if you’re the artist creating the samples ? Do you /should you try to get a content ID on them through Distrokid or upload to Ascap or BMI before selling them ?
found this very helper..
👍🏻👍🏻👍🏻👍🏻
thank you!
Thank you :)
A real G
U gave me " *wink wink* " vibes when u were explaining this lmao thanks!!!
This is going to get even more confusing if I want to sample a meme in a metal song…
In the sense that I am making a metal song and sampling a meme sound into it
I want to start uploading RnB Beats again and sample often. I understood as a producer I can sell leases and licenses and make the artist who wants to release the song to clear the sample. I always note in the description they must clear the sample theirselves. Is that okay or must I clear it before uploading it to RUclips?
i’m no artist or songwriter or anything but let’s say i wanted to sample some drums from a song. if i liked how it was and posted it on soundcloud or youtube and it ended up blowing up, would i get in trouble for copyright claim, meaning will there be legal issue that would have to be solved. i don’t got the money or anything i just want to sample some fun beats. but i just need to make sure that if a song of mine with a sample blows up what do i do?
Hi guys, first of all thank you for your great tips especially for indie artists like me. I do have another question. I have my own production company and I wrote the music, arrangement and lyrics of my songs. I subscribed to "CD Baby" to provide me with a UIC and paid to have my CD reproduced. Why then would CD Baby tell RUclips about licensing my music? I want to monetized my RUclips posting of my own songs and CD Baby keeps popping up! Can you explain to me why? When it's muy own copyright and music? Thanks!!!!!
I believe there is an option (at least now) within the CD Baby process to elect whether or not they will distribute to CDBaby. Does CDBaby pop up by posting your music on RUclips, or by crediting themselves as the distributor/publisher when you list your own music?
When you submit your music for distribution via CD Baby there is a free option to have them monetize your music on RUclips. If CD Baby claims on your music pop up it's because someone selected that option. That means CD Baby is claiming your RUclips ad revenues FOR you, and any royalties will appear in your account. They will also find other videos that use your music, and monetize them as well. My recommendation is that you let CD Baby do their job, since they are likely to find more of your music in videos than just on your own channel. However, if you insist on monetizing your own channel you can ask them to white label your channel. But note that your channel will not monetize unless you have 1,000 or more subscribers.
@@tonyvv Thank you so much for clarifying this for me. I will check with CD Baby to make sure they got it right. Thanks again!
Did you ever get this figured out?
This is what I've been thinking but is is true that if you use an unclear sample the law says you can be banned from publishing music , I've sampled 5 seconds from a Beatles song and just debating whether to post it cos of the risks
How could one be banned from publishing altogether?
If you really blow up, the labels may stress you enough financially to make you shut down your own label, if you have any. That's the worst I can think of.
Then, you either publish solo or go to another label, with all the clout gained from the song that blown enough to make anyone care to sue you.
It's not like there's a world government for music that could exclude you from its structures... Yet.
How does this work with interpolation rather than a direct sample of the master? E.g the chorus on “ all falls down “
I think it just potentially makes it cheaper to clear, maybe half the cost.
I recently contacted a few sample clearance companies about all this and the costs where a bit ridiculous, I can understand why people just take the chance.
You would need the return on a track to be around £5000 before you even make anything. And then what you make will depend on what the original holders want from it anyway.
Man, I was trying to figure out if I can sample the scene from John Carpenters The Thing for a metal song, but your right…. One way or another, what’s the worst that can happen?
Depends on how well your final piece of work does. If it does very well, they can sue you for more than what the song made and win
@@goodvibezinChristwell they are only going to sue if you fight them. If they say, hey I want the credit or whatever you just give it to them
Assuming you aren’t a huge artist, u could do it and be good, but if they did sue you they would probably just steal the royalties produced from it, and make it so you can’t monetize the song
What if the copyright owners take down the song off the streaming platforms
legend
FORGIVENESS!!! THAT'S THE KEY Hahaha
If I am the owner, do I have to register my samples before others get access to them? I’m trying to figure this out because people are asking for my sounds and I don’t know what todo about it because they are not songs, but also I’m worried that some samples are sections I have given to other independent artists for their records and I haven’t changed a thing yet. I’m not sure how to go about this, does this make me a session sample maker who then should charge for my time if it’s just on another person’s record or should I register it first and then they pay a license to me? Any advice from anyone would be really helpful right now before I send more stuff out. Cheers
what if you sample a few lines from an interview ( on youtube) the speaking person is long dead and I rearranged the interview a bit
Sample is sample... though some content may be considered fair use. Google that...
Would a bot catch it and not allow you to release it if it was a monologue from a TV show or a music video?
Drop it... if shit blows up , pay them. PERFECT : )
my man telling us to ask for forgiveness and not permission, he's right, if they come back at you, you're probably doing something right.
Why would they “…come back at you…” if you doing something right? They would be coming to you only because you never came to them. Which is what should have been done.
Because your music is gettin somewhere, that's probably why they're coming at you, because your music is making profit
Upcoming artist need permission to profit off of remakes without getting a lasuit or worse. its impossible to get in touch with original artists. But we have soo many big ideas.😢
I have sampled the amen break. . How would this work if I have don’t have the sample cleared and my track is played on a major radio station?
I expect the track to sell 1k, it will simply be played on a major radio station in the early morning, so it’s not at peak time
the amen break is kinda of a outlier, it's been sampled so much people just started letting people sample It with no consequences, it's been like 30 years and no one ever got sued for using oldschool breaks.
QUESTION, IF I NOT USING THE MASTER RECORDING DO I HAVE TO CLEEAR WITH THE MASTER OWNER? WHAT IF IM JUST USING PART OF THE MELODY BUT SINGING IT MYSELF?
You wouldn't have to clear the copyright for the master recording but you would need to clear with writers/publishers.
Yes, you need to then get a cover song license for that - a mechanical license
You can't do that anymore because labels will scan your track with A.I. to check for samples and will refuse to release it in the first place if you don't have the license. So if you intend to 'blow up' on Soundcloud, or RUclips you might be okay, but otherwise? 🤷
Ummm it’s not reassuring that you’re basically like “Yeah I’m not liable for what happens if you get sent to copyright infringement jail (i.e. if you get sued into oblivion for hundreds of thousands of dollars you don’t have or w/e), but it’ll probably be fine. 🤷”
I’ll have to talk to some other musicians, people in the industry who have dealt with this more than I have, because if it really is that simple- if that’s the standard, accepted practice, & it’s just a matter of paying a reasonable royalty if/when a song blows up & they come asking for it- then that would be great, because I’d love to just be able to sample songs without worry… But I can recall a lot of cases earlier in the history of sample-based music (for instance stuff discussed in a really good documentary about the history of sampling I saw years ago) where they essentially concluded that it was next to impossible to sample artists like the Beatles or Michael Jackson because of how prohibitively expensive (or unwilling to clear samples) the holders of the copyrights/masters are, & that basically albums like Dangermouse’s Grey Album (mixing the Beatles’ White Album & Jay-Z’s Black Album) or Girl Talk’s insane mosaics of popular & classic songs would be impossible to make under the current IP regime…
I mean, it’s easy to say as a hypothetical, but I’m seeing immediate issues with the logic of “ask for forgiveness rather than permission.” Like, if you’ve already released your song & it blew up super big, everyone has already heard it, you’ve already done the sampling & distribution, then what happens if the copyright holders say “No, we don’t give you permission. You can’t use the sample even for royalties, so you’re in violation of sampling without a license”? Could they potentially sue you for more for that violation than they could’ve gotten for royalties?.. Could they take everything you earned from the song? If not, what happens then?
And even in a scenario where let’s say they don’t come down on you that hard, with the full force of IP lawyers & a punitive approach… If you already did it & it’s already been widely heard then you ultimately will have no choice but to accept whatever terms the copyright holders demand, because the alternative is that you refuse to pay for the licensing/royalties they demand, which means suddenly the song that made you that revenue is no longer yours, & then they could come after you in court (& if you’re an indie artist who is worried about this in the first place then you probably don’t have thousands for court/lawyer fees)… So if you don’t clear it in advance- if you “ask for forgiveness” like you’re encouraging- then doesn’t that leave you with zero leverage to negotiate from?.. At that point you NEED to get that sample cleared, regardless what they charge, so they have all the leverage & can basically just charge you whatever they want, & if it’s too much tor you to pay then that’s your problem. It seems like this approach just amounts to praying tor the good will & beneficence of corporations, but corporations have no good will or beneficence- they just have an institutional imperative to profit as much as they can. If they can profit more from screwing you over & taking everything in court than they can from accepting a smaller royalty/licensing fee then why would they ever do the latter? Maybe you can get away with it some of the time, especially if you’re dealing with an independent artist or a very small label who are just happy to see any royalties/popularization of their music (after all, the industry may act like clearing samples for other artists to use is a one-sidedly generous act the copyright holders do FOR us, but in reality sampling a song also is basically providing free advertising for the original & can even resurrect a long-forgotten song & make the copyright holder a lot of money just by boosting their own sales & streaming plays, irrespective of licensing fees or royalties paid by the sampler)… At any rate, if it’s already done & they demand an unreasonable fee then you just basically have to take a shitty deal or if you refuse probably get sued for everything you made from it…
If you ask for permission BEFORE publishing a song that uses samples, on the other hand, then (a) it isn’t yet known exactly how much you’ll make off of it (so you might not get charged on the basis that it’s a smash hit with millions for the copyright holder to take the largest cut they can out of), but more importantly (b) you are in a position to negotiate, because you have leverage: if what they ask for is unreasonable & they’re unwilling to negotiate & meet you halfway, then you have the option of just *walking away*, NOT taking the deal & NOT publishing/making a song using those samples. Which means they have some incentive to work with you, because presumably they want to make royalties/licensing fees, & SOME would be preferable over NONE.
That seems to me to be a huge, almost night-&-day difference in the dynamic of the negotiation. When asking for permission ahead of time the copyright holder’s options are “take what they can get in a somewhat fair business negotiation where both parties have something the other wants” vs “lose out on it all because you walk away & sample someone else instead…” Whereas if you ask for forgiveness after the song already blew up & is out there (can’t put the genie back in the bottle), with a known quantity of revenue having been earned off it, their options are “give you the chance to pay whatever they DEMAND from you as royalties/fees, while you just HAVE to accept because if you don’t get the license then you open yourself up to lawsuit & essentially stand to forfeit everything earned via your song,” or if they’re really nasty they could just “sue & take it all because you already risked that by publishing without clearing the sample.”
Unless there’s something really big & game-changing I’m missing, it seems extremely sus & irresponsible to encourage artists (& particularly the younger, less experienced, more vulnerable indie artists who this video is directed towards, who probably can’t afford a legal team & would be devastated by a lawsuit or a really predatory, exploitative deal on clearing a sample) to engage in this practice which could so easily blow up in their face & ruin their lives/careers… It actually seems so odd & potentially hazardous to the artists being addressed that it makes me wonder if this guy or his company (he is literally himself a CEO) are invested in owning copyrights for various classic songs, & he’s intentionally steering people into a position where they’ll use his samples without asking prior, & then he can demand more or less whatever ridiculous rate he wants & if they refuse it will be them who get sued & lose out because in our capitalist economy, a CEO/corporation who owns the rights will always win out over some kid who just wanted to use a sample & got clapped for it. Not saying that is the case with this particular guy… I don’t know. Just saying that that is one explanation that would make sense of why he’d be giving advice that could end so badly for everyone involved EXCEPT the copyright holding record labels/investors who will get a lot more out of it if artists put themselves in such a vulnerable position.
You're not wrong. The only problem is this: If you, emerging artist, go to a label BEFORE you blow up, to negotiate your use of a sample of their Luther Vandross song, they'll laugh you out the door. The answer for emerging artists is pretty much always "no." So... by all means, try that route first. And if it's no, then you decide whether you a) remove the sample, or b) assume the risk of getting sued (and then hopefully negotiating a royalty rather than going into bankruptcy).
nvm, im not gonna start sampling other people's work. I've come far without that already.
Thankyou very much hahaha
It easy and cost less if you just to remake and replay it lol 🤣💯
Forgiveness all the way! 😂😂😂