Why is sampling legal

But there is a RunDMC case where this exact thing happened. Legal and getting away with it very easily are two different things. Like others have said, it's technically not legal to sample anything with out clearance, or it being public domain and a few other more esoteric things that are not worth getting into. Something like a snare, it's going to be very hard for anyone to take a risk on a law suit if it isn't incredibly unique, and they actually know you sampled it.

Just about the worse thing you can do with your money is try to sue someone over something like that, just to find out someone didn't even sample you. I don't think I have ever used a snare, for example, so unique that any artist could know it is absolutely their work, even if I didn't process it, but especially after.

That is sampling vocals or anything where it's absolutely easy to know who it is, even if it's very short. The length of a sample isn't important, at least in the US, but the practical side of using something short is that it's harder to identify, usually. On the contrary, if I recall correctly, Dre getting sued by Lucasfilm started with a lawsuit by Dre to someone else, then when he sued, they sued him.

I don't totally recall but it wasn't as cut and dry as some people may make it. One thing I don't personally feel should be as important as it is legally is the SR copyright. That is the recording and if you use it, you are infringing. I don't personally feel that the law was intended to be used as it is, going after people who use your actual recorded sound, but in no way similar to how you did it. Usually the labels own it as well. But that is the legal brick wall, as soon as you use the actual sample, even just a note, and someone can prove it, you are technically in the wrong.

If you make that same note yourself, but don't copy a melody or pattern, it's perfectly OK. IMO, that doesn't really protect anything but that is the law. In a practical sense, sampling a drum, but not a pattern, is likely ok. Sampling a note, but not a melody, is likely OK.

Anything more, you are going to be more at risk. From a technical side, as soon as you use a recording of someone else's that is not free domain which is very rare , it gets into the grey area of not being legal, but can they actually catch you.

A large music culture is built upon it. Illegal sampling without compensation made George Clinton a huge chunk of money in the 90's, and he was not alone.

I bought many funk CD's directly because I heard the samples in hip-hop. No one is seeking out the old stuff like they were then. The illegal side of sampling breathed new life into old funk artists, and re-introduced them to generations years removed.

Old Records - New Money? Thanks, this is exactly how i feel. A court may even go so far as to demand that any infringing materials already in existence be destroyed. Abe is committed to his client's success. Skip to content. With the growing popularity of hip-hop music and remix culture, sampling has become common practice among a wide variety of artists and producers looking to associate with those who have come before them. Sampling is the act of integrating sounds embodied in a pre-existing sound recording into a new musical work.

And, most likely you will have to hire an attorney to represent you in court. You are always on safer legal ground if you obtain 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.

Unfortunately, there is 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 may create 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.

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. Nowadays, there are significant roadblocks for small independent labels who want to acquire sample clearance. For example:. Many small labels cannot afford the steep sample clearance rates.

While there are no standard fees, the music publisher usually require:. 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.

Sample CDs or digital albums, recordings that contain sounds and riffs specifically sold to be used in samplers, can be a helpful alternative for small labels that lack significant financial resources.

Most sample discs are "pre-cleared," which means that by buying the disc, you are automatically granted permission to use the music without paying any further fees. However, the permitted use of pre-cleared samples may vary from one disc to another. Do not 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 do not buy the right to redistribute the samples, only the right to use them in musical works. If it appears that your purchase of the disc does not grant the rights you need, contact the soundware manufacturer.

You might be eligible for a refund. Or, the manufacturer should at least be able to clarify the rights to which you are entitled, if there's any ambiguity. In short, the sample clearance process can be a hurdle for many newer musicians. But sampling can vary a lot in cost. Some sources suggest royalty rates will vary from a fraction of a cent all the way up to five cents per unit. This does not include the advance, which could be several thousand dollars. Here are a few proposals composition and recording owners are likely to make, especially if they value their works highly:.

You could easily miss out on important details that could affect your new song and career for a long time to come. Also keep in mind that rejection is always a possibility. The owners of the song may not give you the license. So, again, negotiation plays an important role in the process. Of course, there are. On the one hand, success is obviously important, but on the other, the powers that be may not care that much about your success.

The answer is simple. Many times, sampling ends up being the costlier and lengthier way of going about things. So, if you feel the sample is essential to your new release, then go ahead and get the license.

Otherwise, it might be worth considering alternatives.