It seems at present everyone is sampling and I wonder if artists are aware of the legal issues here. The problem is copyright and it is one of the few laws in this great nation that actually works for us (as musicians). So the basic facts are if you are going to sample someone else’s work you need to get their permission. The problem nowadays is once you commit something to CD or MP3 and upload it to your website or Networking site, it is out there in the world wide web free for anyone to hear and take issue with and believe me they will. Record labels are really struggling at the moment as the revenue from CD’s falls and music piracy becomes smarter and more widespread. So a quick way to gain another source of cash could be to go after “illegal Samplers”.
As with all Laws this is not straight forward as the copyright will be owned by a few people and in law the least important is the writer/artist themselves. You will need permission from the record company that originally released the track (presuming they did not sell it to another label), you will also need permission from the artist who will still own a form of copyright. Finally add to the mix any other middle men such as publishers. It can get very messy to find all of the parties but if you don’t and your track featuring the aforementioned sample makes money they will find you. Money has a strange way of flushing interested parties out of the wood work.
Normally all parties will be fine as they assume it will make money and that is what they crave – as long as you are not using it in a damaging way (e.g a Right wing political punk combo may find it difficult to use John Lennon songs legally)
So where to start? Well the record label that originally released it is a great way to start – go to www.thecmuwebsite.com for contact. Be open with them about what you want to sample and how. They can then point you in the right direction and will often contact the artist for you but this is how to start the ball rolling but, be prepared for a slog, this will take time but could save you £1000’s in the long run.
In terms of cost this really does vary. It will depend on how you intend to distribute it, your credibility (following) and the popularity of the song. Normally there are 2 options in terms of cost. First you can pay a “buy out” fee which is a once of charge or you can negotiate a %. This will depend on your own cash flow and how popular the track will be. If you buy it up front the issue is if it flops you are out of pocket. If you choose the % option and it does well you are cutting your future income plus you have to account for the cash made which is not easy and can lead to disputes which land you in court.
The key thing is to stay on the right side of the law and don’t chance it but also think about what you are doing and how it affects you now and in the future. There is some good news though – after 70 years music loses its copyright protection so sample away! Anyone know any good tracks from the 1930’s?
Speak soon
As with all Laws this is not straight forward as the copyright will be owned by a few people and in law the least important is the writer/artist themselves. You will need permission from the record company that originally released the track (presuming they did not sell it to another label), you will also need permission from the artist who will still own a form of copyright. Finally add to the mix any other middle men such as publishers. It can get very messy to find all of the parties but if you don’t and your track featuring the aforementioned sample makes money they will find you. Money has a strange way of flushing interested parties out of the wood work.
Normally all parties will be fine as they assume it will make money and that is what they crave – as long as you are not using it in a damaging way (e.g a Right wing political punk combo may find it difficult to use John Lennon songs legally)
So where to start? Well the record label that originally released it is a great way to start – go to www.thecmuwebsite.com for contact. Be open with them about what you want to sample and how. They can then point you in the right direction and will often contact the artist for you but this is how to start the ball rolling but, be prepared for a slog, this will take time but could save you £1000’s in the long run.
In terms of cost this really does vary. It will depend on how you intend to distribute it, your credibility (following) and the popularity of the song. Normally there are 2 options in terms of cost. First you can pay a “buy out” fee which is a once of charge or you can negotiate a %. This will depend on your own cash flow and how popular the track will be. If you buy it up front the issue is if it flops you are out of pocket. If you choose the % option and it does well you are cutting your future income plus you have to account for the cash made which is not easy and can lead to disputes which land you in court.
The key thing is to stay on the right side of the law and don’t chance it but also think about what you are doing and how it affects you now and in the future. There is some good news though – after 70 years music loses its copyright protection so sample away! Anyone know any good tracks from the 1930’s?
Speak soon
