Sample Clearance for Music Artists | Sam Mollaei, Esq. | Skillshare
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19 Lessons (57m)
    • 1. Course Introduction

      2:25
    • 2. How to Make the Most of this Course!

      1:22
    • 3. What is Sampling and Sample Clearance?

      2:53
    • 4. Why is Sample Clearance Necessary?

      1:57
    • 5. When is Sample Clearance Required and Not Required?

      2:22
    • 6. What is Music Copyright?

      1:45
    • 7. What is the "Fair Use" Doctrine of Copyright Law?

      2:57
    • 8. What’s the Risk of Not Getting a Sample Clearance?

      4:39
    • 9. Common Myths about Copyright Infringement Busted

      2:34
    • 10. Overview of How to Get a Sample Clearance

      5:11
    • 11. Step #1: Find & Ask the Music Publisher

      3:22
    • 12. Step #2: Find & Ask the Owner of Master Recording

      3:30
    • 13. Step #3: Costs of Sample Clearance

      5:07
    • 14. Step #4: What to Do if You Can’t Get Sample Clearance

      6:42
    • 15. What You Get When Someone Samples Your Song

      2:32
    • 16. Cover Songs: How to Ask Permission to Cover a Song

      1:53
    • 17. Publicity Releases: What You Need if Your Song is Part of an Ad or Endorsement

      0:54
    • 18. Sample Packs & Pre-Cleared Sample Discs: Can You Use them as Samples?

      1:28
    • 19. Course Summary & Wrap-up

      3:54

About This Class

So you made an awesome music track using a sample from a song by another artist, and want to shop it to labels to release it for profit – what do you do next? 

Artists like Kanye West, Jay Z, and Vanilla Ice have all faced allegations of unlawful sampling.

As a small time or professional music artist, how do you approach sampling and when do you decide that it’s in your best interest to get sample clearance?

Sampling music is the act of reusing a portion of another song. Many music artists sample other's music but it’s illegal and a serious issue to ignore to get permission from the original owner of the songs. 

If you sample without asking permission, you could face serious legal trouble, lawsuits, and even money damages.

The process of getting permission from the owners of the sampled music is referred to as sample clearance. 

Sample clearance is a process that all music artists should do and it will save you from serious legal action you could face if you sample without permission.

If you’re a music artist or producer, odds are you either have or will be faced with the issue of using a sample in your music. 

The biggest problem is that most people wait too long before they start dealing with the legal aspects associated with clearing those samples.

If you plan to use samples in your music, you need to get permission to avoid serious legal trouble.

In this course, you will learn the step-by-step process of asking permission to sample a song and also learn about music copyright law and how to avoid other serious issues you could face as a music artist.

Student review by Jennifer D, “Clear and concise - Great, useful information presented in a concise manner. I was really able to apply this easily to my current work.”

Student review by Aryan Rabizadeh, "This course is very interesting and I would highly recommend it to everyone in the music industry who sample music. I've been a DJ in the music industry for over 6 years and I've always been confused about how to legally sample music . This course was very interesting, engaging, and easy to digest and taught me everything I should know about music sampling legally! Would watch again and refer my friends in the music industry!"

► WHY DO I NEED TO TAKE THIS COURSE?

To sample or not to sample? 

This is the question many times a producer, DJ, and songwriter must struggle with on a daily basis. 

Sampling is fun, and in the era of the today’s strictly digital production world, very easy to do.

Typically, most independent releases remain under the radar and never draw enough attention to face the serious legal ramifications of not clearing samples

However, not clearing samples is still a serious dangerous place to be.

Using someone else’s recording in your music without permission can lead to serious consequences including, lawsuits or the inability to distribute your music to the public.

You could have an unexpected hit from that release and find yourself in a very defenseless position. 

The owner of one uncleared sample could have that record pulled from your project or ask for an unreasonable amount of payment because they are aware that you’re in a vulnerable spot.

If you’re lost whether or not you can sample from an existing song and how much is permissible to use, and whether you need permission to use a sample in your new sound recording, this course will clarify all of this for you along with the the do's and don’ts of sampling.

The Golden Rule of Music Law: if you don't own or control it, you likely need a license to use it. 

If you produce or remix music for other artists, it’s usually your responsibility to clear any samples introduced during the recording process. The artist or their label will probably make you contractually responsible for doing so as a pre-condition to the final record.

In this course, you will learn how to go about sampling, how to avoid getting sued, and learn the step-by-step process of asking permission to sample a song.

★ COURSE BONUSES ★

  • What to Do if You Can’t Get Sample Clearance?
  • What You Can Get When Someone Samples Your Song?
  • What You Need If Your Song is Part of an Advertisement or Endorsement?
  • Can You Use Sample Packs as Samples?
  • The In’s and Out’s of Music Copyright Law
  • Actionable and Useful Resources & Other Tools to Help You Grow as a Music Artist

What makes this course unique is that it’s an over-comprehensive course of everything you need to get sample clearance on your own.

With over two-hours of HD video content, you will be able to learn the secrets that many successful music artists use to create samples in their music.

► What are you waiting for? 

★ Enroll right now!

Transcripts

1. Course Introduction: Are you a music artist, musician or producer? The use samples in your music? Do you want to avoid facing serious legal trouble? Hi, and welcome to my course. Sample clearance one a one. How to get permission to sample a song. My name is Sam. I'm a music lawyer For the past five years have helped numerous music artists just like you get found a make a career doing what they love, which is making music. Have been a producer and musician for the past 15 years, and I live and breathe music just as much as you. I frequently give lectures on music law, so I decided to combine all my teachings and share my secrets in this course. So you made an awesome music track using a sample from a song by another artist and want to shop it to labels to release it to profit. What do you do next? Artists like Kanye West, Jay Z and Vanilla Ice have all faced allegations of unlawful sampling as a small time or professional music artist. How do you approach sampling and when do you decide that it's in your best interest to get simple clearance sampling music is the act of you using a portion of another song. Many music artists sample others music, but it's illegal and a serious issue to ignore. To get permission from the original owner of the song, the process of getting permission from the owners of the sample music is referred to a sample clearance. Sambal clearance is a process that all music artists should do if you simple without permission, and it will save you from serious legal trouble. By the end of this course, you will learn how to ask permission to sample a song on your own without having a representative tour for you. The world of cover songs, sample clearances, mechanical licenses and music law has complex rules and regulations. For the casual music creator, however, one thing always holds true. If you ever have a question, don't be afraid to ask. That's why I encourage you to post your questions on the course discussion board. I appreciate you enrolling in my course, but that being said, Let's get started 2. How to Make the Most of this Course!: I want to provide a preliminary course of action issue. Take with this course first issue. Skim through the lecture. Look over the titles on lecture descriptions to help you from the rise yourself with the course before you begin. Skimming. Allows you to look over the general a main ideas with this course and will significantly increase your productivity once you know exactly what you're expecting. Second, watch the whole course and take notes as needed. I know your time is valuable, so I didn't fill up this course with useless jargon. You only get the necessary information you need. Everything I had provided in this course is necessary in helping you get permission to sample a song. Third, post any questions you may have on the course discussion board. Take your notes and review it. If you have any questions, feel free to post it on the course discussion board. I answered every discussion in question that is posted on there on a daily basis, and lastly, take action. By the end of this course, you'll be well equipped a knowing how to get a sample clearance. So take what we learned in this course and put into action, keep learning, keep asking questions and take action. You got this 3. What is Sampling and Sample Clearance?: before we get started, we need to explain what sampling and sampling cleans are. Sampling involves taking an existing piece of carpet ready music and combining it with another to create a new work. In other words, sampling is using or incorporating someone else's sound recording with your own. In today's digital world, sampling is the practice of digitally copying or transferring parts of a pre existence song to make a new song, for instance, and artists will take a piece of a pre existent song. I used the piece to create a new recording. Sampling exists mostly in electronic dance, music, rap, hip hop or dance records. A producer may sample any element in a song, a string bass line or even a drum loop. What their unique percussion combinations or distinguishable guitar reves. Many musicians sample others music. A prime example of a successfully simple song is the huge M C Hammer hit single u Can't Touch This, which was a sample of Rick James Prior hit Super Freak. On the other hand, sample clearance is the process of getting permission from the owners of the sample song. When sampling occurs to cooperates are involved. The cooperate in the sound recording and the cooperate in the underlying musical composition embodied in such recording. For example, if you want to sample the synth line from Calvin Harris is Outside Song, you will need to secure licenses from the record label for the sound Recording has realized the music publisher for the underlying musical composition. We'll go more in depth about these two aspects of cooperate later in the course without getting permission from the original artist or owner of the rights to the music. You can face serious legal trouble, such as injunctions to no use the sample or even money damages. Some book lenses require directly negotiating with all parties. The cost can range depending on the sample being used. With allies easing from the appropriate corporate owners, you are liable for corporate infringement and can be sued for substantial sums of money. Obtaining permission for music on sampling can be tedious, but will save you from legal action you could face if you sample without permission. It seems most music these days special Elektronik dance music is sampled from other song, so it's really important to know how to get simple clearance 4. Why is Sample Clearance Necessary?: the creative act of sampling is nothing new. Sampling clearance is essential and avoiding two instances of copyright infringement firstly, against the original creator and, secondly, the content owner, the use of samples can be subtle or make up the hook of a track, so it is a way of acknowledging those responsible and paying them accordingly. But what's the problem with sampling? Well, first of all, failure to get proper sample clearance could lead to serious consequences such as lawsuits or the inability to distribute your music to the public. The legal headache, as far as the producer, artist or songwriter is concerned, comes from using another person's original sound recording without prior permission. Since this is clearly copyright infringement, the act of sampling without permission infringes cooperate in four distinct ways. First, it's a breach of cooperate in the original sound recording. Second, it's a breach of cooperate in the underlying music and lyrics. Third, it constitutes unauthorized use of one or more of the performances and original work, such as a guitar riff, local hook or john part, and lastly, the more rights of the original artists may be infringed if sampling is undertaking in a way that the artists objects to or if the artist is in credited. So they're summarize in order to prevent possible lawsuits or the inability to distribute your music to the public sample clearances necessary, along with other crucial but necessary reasons why it's important to get permission to use a sample. 5. When is Sample Clearance Required and Not Required?: in general, Sample clearance is required on Lee if you plan to make copies of your music if you distribute the copies to the public. Samba clearance is generally not required if you're using the sample music at home. So if you're a bedroom producer and you just making music, sampling other artists music I'm just experimenting. You generally don't need simple clearance. Also, you generally don't need sample clearance if you're using the sample in live shows. This is because usually you are not making copies. And the owner of the venue pays the blanket license fees to performing rights organizations such as B, M. I or ASCAP, so there's no copyright infringement. If you're using samples in your life shows live gigs present the simplest situation. When it comes to corporate law, as in most cases, the venue looks after all the legal aspects for you. So whether you're using his playlist or playing your own compositions, there's generally no issue with live performances on the last situation when sample clearances generally now required is if you plan to distribute copies to the public but meet one of the falling criteria. An average listener would not notice the similarities between your end product and the sample, or if your use of the sample falls under the fair use doctrine, we'll go into more detail of what the fair use doctrine entails and how you can sometimes use and how you can sometimes use couple Friday samples in your music later in this course . If you're simply making music for your own entertainment in the privacy of your home, then you don't need to worry. But if you plan to release or perform your work publicly, then it is advised to clear examples sooner than later. So again, if you plan to make copies of your music or distribute the copies to the public, that's when you need a sample clearance. 6. What is Music Copyright?: here is an explanation on what music upper right is music cooperate officially identifies who actually owns the song Music. Cooperate is not just the form you fill out exists. Prior to that songs are automatically considered cooperated as long as they are original and in a tangible form, original means what you think it means and that you can be identical or substantially similar to other songs. Also, when a piece of song is put into a fixed form, for example, if you export an audio file or if you posted on Soundcloud, Corporal on Protection technically kicks in. When you fill out the official forms and register your song, that's when you get a presumption that you own to cooperate to that work. Copyright lasts the life of the corporate holder, plus 70 years. If you're dealing with a larger label, they will ask you if you're using samples and if there are cleared even if they don't ask in the contract, it will state that you, the artist, are responsible and presented them it clear and free work also, if you're using a sample pack, check what the license says, especially if involves vocals. So in summary and music is technically considered couple right in as soon as you created inattentive away. That's all you need to know at this point. 7. What is the "Fair Use" Doctrine of Copyright Law?: so you may have heard about fair use, but what does it mean exactly? Fair use is a defence to a claim of copyright infringement, and it lays out situations in which you do not need to get the song owner's permission to use his or her material. In other words, for use means you can use existing cooperated content like a sample audio clip in new ways that provides value beyond original. When it comes to music courts look at four factors when considering for use. What is the purpose or context of the work? Is it for profit, or is it a noncommercial nonprofit use? Are you making it for any educational purposes or is a used to criticize or give commentary ? Second, what's the nature of the work? Is it published? We're not published. Third, how much sampling or copying was done? Did it or did it not use a substantial amount of the original work was a little copied or whole lot of the original song? And lastly, what's the effect on the value of the original work? Is the sampled or copied song just a substitute for the original or doesn't not affect the original song did it or did it not cause significant financial harm to the Cobra owner? What's important to know about fair use is that fair use is based on fairness, and it's decided on a case by case faces. So that means there's no bright line rule and that each case falls on its own fax. In fact, Supreme Court has made it clear that all factors must be considered in any given case. You can use the four factors in order to defend yourself against a lawsuit for sampling without permission. The problem is that you won't know for sure which way the judge will rule, and most likely, you'll have to hire an attorney to represent you in court. Fair use doesn't allow you to steal other people's work. Rather, the purpose off for use is to promote creativity and to allow people to make more original creations. So we recovered the basis of the fair use doctrine, which is one of the most in front, the most important defense to sample incomparably infringement. However, it's always better and more safe to attempt to get permission from the original copyright owners as this will show good faith on your part to prevent copyright infringement 8. What’s the Risk of Not Getting a Sample Clearance?: failure to get permission when you sample music could lead to serious consequences. So what's the risk? Using a sample without clearance is always risky. As a practical matter, if you're recording becomes popular at clubs or on the radio, or if a major label wants to pick it up, you'll have to deal with sample clearance. Unauthorized sampling actually violates to potential legal rights. First, the instance. You sample a piece of someone else's song, no matter how small it constitutes a violation of the cooperate and its song itself. Second sampling violates this sound recording. Cooperate, which is usually owned by the record company or recording artist. Thus sampling without a prior permission subjects the illegal copier to a corporate infringement in federal court. But original on the record company. Using samples without permission can lead to litigation, where an infringer may be forced to pay damages to the corporate owner, which could amount to hundreds of thousands of dollars per infringement. A court can also order you to recall and destroy all of your infringing copies and in certain cases can award the costs and the legal fees incurred by the prevailing party in such a lawsuit. Also, if you sample of it on permission, not only are you violating U. S copyright laws, you may also be in violation of your own recording contract. If you are signed to a major label. Most recording contracts contain several provisions called warranties, representations and indemnification, in which you promise all the material on your album is original and agreeing that if your label is sued for copper infringement, you agree to reimburse them for all their court fees, legal expenses and attorney's fees, similar warranties and indemnification clauses exist in the distribution agreements between York record Company and the retail stores. Thus, when you are late to cooperate by sampling without consent, all the warranties point back to you as the artist. Therefore, if you sample illegally, be prepared to possibly give out substantial amount of money to not only the corporate owners but also possibly into your label and their distributors and retails outlets. In addition to these costly legal problems, the penalties for copra infringement is harsh if you sample somebody's song, but I'll obtaining proper clearances, you may be a liable to the author for statuary. Damages was generally ranged from $500 to $20,000 for a single act of corpora infringement . If the corporate owner proves you willingly infringe their music, you can be liable for damages up to $100,000. The corporate owner also has the right to obtain an injunction against any further infringements, forcing you to stop your further violations off the corporate owner's rights. There's also a destruction procedure, which forces the infringer to recall all the illegal copies of the song in the albums and destroy him. Finally, you may even face criminal charges from the US Attorney's office if you engage an intentional copper I infringement. Therefore, before you try to sample somebody's copyrighted material to create a new song, no Matter hospital, a portion of the song is used. It's just secured the rights to do so from the corporate owners. So in summary, if your song contains a sample and you don't clear it, you're infringing the original owners. Couple right and you'll be caught red handed. If they do discover your releases and if they contact you and point out your infringement, then in most cases you'll be facing many of the risks we just discussed 9. Common Myths about Copyright Infringement Busted: so there's a lot of Metz concerning sampling and corporate infringement. We'll cover all these today. There's a myth that sampling Onley form notes or four bars is not corporate infringement because it's protected as fair use. However, this idea of reducing corporate infringement down to a number of notes or bars is simply wrong. If you sample a single note, beat or line from some recording without permission, that constitutes copyright infringement on their Korans cover law. Unauthorized sampling, no matter how minimal or seemingly in Astra's, is usually not considered fair use. Also don't believe the widespread myth that less than two seconds is fair use. This is also not true. Also, changing the sample by using some type of effect doesn't prevent corpora infringement while distorting a sound and making it unrecognizable is an informal way to escape corpora infringement. Technically, using a stand alone effect on a sample doesn't necessarily mean you're not supposed to get permission for the sample. Also, there's a myth that if I don't sell enough copies or make any money, the record company or publisher won't come after you. Well, this can't be true. Rights owners can still write to labels and websites and get your music taking down. This also affects your bargaining position. If the track is successful just because something is on Internet doesn't give full permission for sampling under copyright law. The true test for copra infringement is whether the sample is substantially similar to the original work. The other main questions is what their issue qualify as fair use as we really discussed. Actually, if the sample is on the def Aibel, no matter how short and left, you should get a clearance. It could even be one note, so make sure you know what these Mets are. And if you ever confronted with any of these myths, make sure you let the person know that these don't exist and you should continue to get sample clearance for your samples. 10. Overview of How to Get a Sample Clearance: Let's start with an overview of how to get a sample clearance before we go into detail off every step. In order to use a sample, you need to get permission from two sources one from the corporate owner of the song, which is you, typically the music publisher and one from the copyright owner of the Sound recording, which is typically the record company. The cooperate for the song protects your lyrics and melody on Lee, and the cooperate for the sound recording covers the particular recording of the song. The sound recording cooperate usually belongs to whoever pays for that recording and traditional music business. The sound recording cover right is always owned by the record company. Nowadays, it's more common to see writers or publishers owning the sound recording because it's easier to self distribute than they used to be and because the sound recording is valuable . So in other words, you need to find and contact and ask permission from both the cooperate owner of the underlying musical work and the corporate owner of the sound recording Danyon to negotiate and come to terms with an agreement for using and other artists simple in your work If you find out to be confusing, think of a situation. When a music artist, let's call him Andy, sings a song written by a son Wetter that's calling Bob. So again, Andy is the music artist, and Bob is the songwriter. Bob creates this cooperate, which is the song it can be written on the sheet music before it's ever played on recorded . Then, when it's performed by Andy, the music artist, he or his record company have created another, different cooperate and that recording off that performance. Hopefully, you can see that these to Cope writes, give rise to two income streams to different income streams. One for the song and one for the recording. Bob the songwriter gets paid for every radio or live performance of the song, and it gets paid for every record mate that's called a mechanical royalty, and it's paid by the record company. We'll talk about that later so they won't get confusing, and Andy only gets paid for every record made and sold, and that usually is the record company. So when you sample a piece of the recording, you're also sampling the underlying song and you need to get permission or clearance of all the owners of the cooperate in the recording and the song, that means contacting the record company that owns the recording you have sampled, but also all those songwriters and all their music publishers. I hope that cleared the confusion for you. I know this part is a little confusing, so feel free to repeat the last two minutes of the course if it didn't make sense. Generally, the record company will take a fee and a pair unit royalty for every record sold. And they may also ask for limitation on the use off the sample. The songwriters and music publishers will usually take a percentage share in your new song has sampled. There's the amounts depends on negotiation between you and the music publisher on the record company. We'll talk more in depth about this late in the lecture. License fees for sampling depends on how much the sample you intend to use. The perceived value of the recording you intend to sample from and the intent a use of the sample in your song licenses can sometimes be granted for free, but usually there's a fee. There's also no standard rate for samples so this copyright owner can charge whatever the cover owner wants to charge and doesn't have to grant permission to use his work at all. The thing is that they have some leverage over you. What I mean by this is that once you sample their work and told them they can ask for whatever they want once you have the agreement of the corporate owners of the song recording your set. So to summarize, you need to get to sample clearances one from the corporate owner of this song, which is usually the music publisher and one from the corporate owner Off the sound recording, which is the record company. The next lectures will go over each step of how to ask from the publisher and how to ask from the owner of the sound recording, which which is typically the record company and how to negotiate and ask for clearance. For example, 11. Step #1: Find & Ask the Music Publisher: So let's get started. In order to get the sample clearances, you will first need to find the corporate owners off the song. The music publisher is typically the easiest to find, so we'll start there. We first need to start by researching the artist and the track you plan to sample. The best way to locate a publisher is through the performing rights organizations such as the Broadcast Music Incorporated or B. M. I. The American Society of Composers, Authors and Publishers. She's ASCAP on the Society of European Stage Authors and Composers or see Sack. These organizations collect money for radio, TV and other public performances of songs you need to determine which organization controls writes for the song you want to sample. You can also use Hair You, Fox's website. Once you're on these websites, look for the song indexing section and search the title or artist name, revealing the track title performer, the songwriters as well as the publisher names. You'll need to find out who the original writers of the work are and which publishers, if any, represent their interest or share of the cooperate in the song. If you can't find the song on the websites, you can try calling the individual performing rights organization and asking for the song indexing department. The song indexing section lists the publishers name. So next you need to search for the contact information of the publisher online. Once you know who the publisher of the song is, the next step is to contact them and ask if it will grants for clearance For this source. Music and your requests you'll want to include the following all the information you found on the performing Rights organization website. A copy of the original sampled work. What you sampled, How long the sampled person is time, including the seconds on the bars, a private link to your track, the length of the track and what the tentative released it is. The publisher is dead in a position to consider a price, contact the original composer for permissions concerning rights and start negotiating over a cooperate ownership and royalty splits on the new records. Keep in mind that a lot of publishers refused to grant sampling clearances to artists that they've never heard of or do not know if you can offer to pay them up front and show your ability to pay, they may be more inclined to speak to you. We'll talk more in depth about this later in a lecture. Also again, if you cannot find the publishers information or you do not get a response or if you just have a phone number, don't be afraid to call to get the correct contact information. 12. Step #2: Find & Ask the Owner of Master Recording: any time you making recording are to Cope writes in Play. One is the cooperate for the song itself and the other is for the sound recording. The cooperate for the song protects your lyrics. A melody on Lee and the cooperate for the Sound recording covers that particular recording of the song. The sound recording cooperate usually belongs to whoever pays for the recording. In traditional music business, this sound recording Copa Right is always owned by the record company. Now there's it's more common to see writers or publishers owning the sound recording because it's easier to self distribute. Then he used to be, and because the sound recording is valuable. So after you've obtained the simple clearance from the music publisher, you have to obtain assemble clearance from the owner of the sound recording. Typically, as already discussed, the owner of the sound recording is a record company, so the record company must be asked for permission to use the original sound recording. So how do you find the owner of the master recording or the record company? Here are some ways to find the owner of the master recording. You can ask the publisher locating Master owners is harder. Record companies often fold or sell their cooperates to other companies. Also, sometimes writes, masters revert to the original artists after a number of years. The most likely person to know who owns the must recording is the publisher, so this should be the best source for you to find the owner of the master recording. You can also look up online record stores for this information. However, if you want to be efficient with your time, I would highly recommend using a clearance experience. Finding the record company that currently releases the music can be tricky. The best advice I can offer you is to use the clearance expert who will guide you through the clearance process. They are a lot of clearance experts online, but some of them or Vitaly used services are DMG clearances dot com and B NZ writes dot com . There's a lot more other clearance experts, so I suggest doing a Google search and finding one that works for you. For an hourly fee sampling consultants will graduate through the clearance process, reviewing your use of samples and advising you off the expected budget and potential problems. Consultants can save you time and money because they're familiar with the procedures costs on the key people who license rights at the major music, publishing and record companies also keep in mind that master rights have their own price tag. And sometimes artists or labels will simply refuse to give their permission to use a sample . And they don't need to give a reason if no permission is given or the price tag is too high . You don't need to abandon your project altogether. As long as you can license the publishing rights sample, Recreation companies should be able to make an authentic sounding the production of the recording. We'll talk about these sample recording companies leading the lecture. 13. Step #3: Costs of Sample Clearance: Let's talk about the costs associated with sample clearance that costs associated with simple clearance really depend on many factors. It really comes down to negotiation and how popular the artist is. And even in some situations, some artists won't let you use their music regardless of the situation. While there are no standard fees to get some but clearances, the music publisher usually wants an upfront advanced payment, which could be anywhere between $200.5000 dollars and a percentage of the song income, which is usually between 15 and 50%. The owner of the master recording will want an up front payment, usually at least $1000 and a roll over, which is a payment that's made when a certain number of copies have been sold. Sometimes instead of his roll over, the owner of the master will ask for a portion of future record royalties. However, keep in mind that some sampling consultants advise against this practice, so use this information on your screen to know exactly how much the music publishers on the owner of the master recording expect to get paid when you're negotiating. Sample Clarence in the normal course of events. When permission to sample is given, there will be a fee for the privilege. The value of a sample, as well as the method of payment, will be determined by a range of factors, including the popularity and success of the original record and prominence of the simple working. The new record. Puff Daddy's owed two biggest Saul's I'll Be Missing You sampled the worldwide police smash every breath you take, so Puff Daddy had to give half a $1,000,000 publishing royalties to its author Stink. Also, it will depend on the likelihood of your success with your record. The territory from out of distribution status of the artist and marketing Spend all effect , how your new version will be perceived and, therefore, how much you'll be charged for the sample. Contrary to popular myth, samples aren't build on a per second basis like some phone calls, nor are they free went under three seconds long. The overall impact of sample, together with all relevant commercial factors, means that each sample is evaluated on a case by case basis. A major artist will be able to charge top dollars for the right to sample their work for producer looking to issue a limited self release is it's best to obtain a buyout of all rights in the sample for a one flat fee. This will allow the producer to release the records and not incur for their expense where the track to be picked up by a major label or license on copulation worldwide. However, most publishers are more reasonable when approach with sample clearance requests. But keep in mind that it can be a time consuming process, especially if rights holders are based overseas or where the track sampled has itself sampled another work. It won't be enough to get permission for the second generation simple work. You'll also need to clear all original samples and, of course, where you sample to extensively. It could ending up costing you all the profits in your track. Don't worry. If you won't be able to pay an upfront fee, you can ask and negotiate if they will take a percentage of the royalties. As long as you showed them that there's something in it for them and I've done the ground work, it will be easier to negotiate be up front. Some of them are not used to dealing with lesser known artists. I think that the label you are working with has a budget for every release. Some companies may not want to deal with simple clearance and treated just like a cover song or mechanical license. It could also seek the counsel of a music lawyer such as myself. Some may charge by the hour to head of this for you. Some have a flat rate. While it doesn't guarantee success, it can save you time and headache. I also know that you're independent or unsigned artists you may be able to overcome, then never heard of you syndrome by offering to make the payments up front has already mentioned. If you show them that you can write the check to pay the advance, they'll be more inclined to deal with clearance. 14. Step #4: What to Do if You Can’t Get Sample Clearance: Should you fail to clear a sample or not even bother trying, you could still release your record and hope it goes unnoticed, although you be in breach of Cabaret. But what happens when an underground release becomes an unexpected hit? At this point, the original Cover I holder will crawl out of the woodwork and demand that you recall the record from the shops and pay damages. And if you're very lucky, you'll be able to really release the record Onley. With the offending sample removed. Quite apart from the legal numbers of injunctions, lost profits and damage claims, the delay alone could cost you sales, and your reputation would certainly be hurt. We also need to cover what you need to do, just in case you can't get simple clearance. It's important to plan ahead and leave yourself alternatives and kids. Your sample clearance is rejected. Obtaining permission for sampling can be a very long process. Don't forget that a lot of copyright owners having no sampling policy of the music you were planning on sampling as in no sampling policy, there will be no way to get permission to sample. It is wise to plan ahead and have alternatives in mind in case your clearances denied and you can't use it. A common mistake among music artists is the failure to plan far enough ahead, and to not have enough alternatives of a sample is rejected. Sometimes it can take months to get all the approvals. Sometimes all fills, and you can't find the master owner of the music or it won't provide clearance to use the sample. Here are some alternatives to getting sample Clarence First, you can try to recreate the sample. You can use different instruments or similar sequence, or any way to make the sample sound or be different. Some artists avoid paying part of the sample Clarence fee by re recording the sample section instead of using their pre recorded master. This means that the artist actually plays and records the music to sound exactly like the original one they want to sample. However, you still need permission from the mood music publisher, but not from the owner of the master recording. This is a neat trick, so let me explain. Let's say you want to use a five second sample from asserting song according to a cooperate law infringement on Lee occurs when this original master recording is used, but not when the sound is mimicked and re recorded. So instead of sampling the original recording, you play the parts herself and re record the music to sound exactly like the original. In that case, you have not infringed the master recording due to a quirk in cover. I law, you can Onley infringe a master recording if you actually copy it. Not if you imitate it so you won't need permission from the master owner. This is a great solution. If you cannot obtain separate clearance from the owner of the master recording, don't forget that you still need permission from the music publisher because the sound because the song itself is cooperated. However, you do not need clearance from the owner of the master recording who could also employ the services of a sample recreation company to work around the problem. Companies like Rinse Productions on Replay Heaven offer to re record the sample and can do so to such a high standard that the original version and the new one are practically indistinguishable. High quality recordings have all the hallmarks of the original, but our quicker and easier to clear as there's only the publisher to consider and no prospect of a stalemate over competing interests with the record label. While this is not completely suggested, you can also make the sample unrecognizable by distorting it and using a lot of effects to make the sample unrecognizable. Keep in mind that this is not foolproof, so only use this tactic sparingly and as your last resort. You can also buried the sample into the mix, so that becomes less prevalent and less recognizable. A lot of people suggest not using a sample as they groove or hook. Of course, you shouldn't and don't want to use the title of the source music in the title of the song itself. While again, this isn't a full proof way to protect yourself. It's one minor way you can avoid getting in trouble for using a sample. You can also contact the artist or song water directly. If you run into problems with a music publisher or owner of the master, you may have better luck contacting the artist directly. This works if the artist still has some say on control and what gets cleared. Also, Phil free to seek sample friendly corporate owners. Some corporate owners are happy to clear samples, so much so that they encourage the process. Seek these out. For example. Some music artists proactively seek to promote their music for sampling. These artists are out there, so spend some time to ask around and surge For those artists who are eager to let you sample their work, even if you believe you can process at it or otherwise, this guy's a sample in the mix. You still need permission to sample obtaining permission for music Sampling can be a long and tedious process. However. Legal claims of copyright infringement could mean that you are unable to use the music sample, and you may even have to pay money damages to avoid it. This legal trouble. Be sure to get simple clearance. 15. What You Get When Someone Samples Your Song: when someone steals your song or uses a sample from your song to have infringed your cooperate, meaning they've used it without your permission. Some of what you can get is particular to Dick Upright World. Here's how it works. You can get the fair market value of the views they made. For example, if they rip up your song in a commercial and I use of the song is worth $10,000 in a marketplace deal, you can get $10,000. Second, you can recover the infringers profits. This is not a common remedy and is extremely valuable and means that if the person who infringing on your work made a profit using your work, you can recover his profits, which may be more than the fair market value of the usage. You can get injunction, which means that court prohibits then fringer from using the infringing work. If they continue to use it anyway, they're subject to big fines and sometimes even jail. You can recover statuary damages, which is a really cooperate original. This is where you can't prove actual damages. For example, you're infringer was not only a thief but also an unsuccessful business man and he lost money with the ripoff. Or maybe his profits are so well hidden that you can't find them. In this case, the court can give you anywhere from $750 to $30 dollars for a single infringement. In other words, you can get a single amount per act of infringement and not the number of copies actually made. For example, putting out 20,000 cities with your songs is still Onley. One active infringement. The judge can even raise this $250,000 if it's intentional infringement and can lower to $200 for an innocent infringement. Or you can get your court costs and, to a limited extent, recover your attorney's fees. Attorney's fees is usually rare because you normally don't get attorney's fees when you really lawsuit. So we're covered five different ways of what you can get when somebody simple is your song . 16. Cover Songs: How to Ask Permission to Cover a Song: cover songs provide an easy way to target a new marketing base when placed alongside your own original works. In this digital age, cover songs can act as effective search engine optimizers for music, especially when you're covering artists who don't appear on iTunes, Amazon and etcetera. As a professional songwriter, you may already be aware that any one who wants to record a version of your song needs a mechanical license from the corporate owner, usually you or your publisher. Similarly, if you choose to record your own version of someone else's previously recorded and distributed music, you would need to secure a mechanical license. The mechanical license is actually a compulsory license granted to user's under United States corporate law. Usually, music users obtained these licenses through a music publisher or agent. There are several services that can help in claim mechanical licenses and ensuring songwriters get paid. Limelight dot com is one of those services you can use to clear any cover song. In order to distribute by means of digital downloads, physical albums and streaming, you can finalize your mechanical licensing and royalty accounting needs for a service fee of $15 per license, plus required statuary. Publishing royalties as set by law artists, bands and other musical groups can clear any song and ensure 100% of royalties are paid to the appropriate publishers and songwriters. 17. Publicity Releases: What You Need if Your Song is Part of an Ad or Endorsement: there's an extra wrinkle. If you use a sample for purposes of selling or endorsing a product, and the sampled artists is identifiable in cases like this. He also needs to get the source artists consent. That's because the ad creates 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. The same would be true if you imitated the source artist's voice without sampling it. So when you use a sample for an advertising agency or other commercial client, be aware that 1/3 top of clearance or release may be necessary in the form of a consent. 18. Sample Packs & Pre-Cleared Sample Discs: Can You Use them as Samples?: sample packs and sample CDs. Recordings that contained sounds and riffs specifically sold it to be used in simpler, specifically sold to be used in samplers can be a good alternative for bedroom producers and small labels. Most sample packs and simple discs are pre cleared, which means that by buying the disk, you're automatically granted permission for music usage without the payment of any further fees. However, the permitted use off pre cleared samples Mayberry from one disk to another. Don't assume you can use the simple and whatever way you like. Reviewed the documentation that comes with the city or the sample pack for any license information. Most simple pack makers grant the user and non exclusive license to use the samples, which means you and everyone else have permission to use the music. However, with the sample city, you don't buy the right to redistribute the samples, only the right to use them musical works. If you find that your purchase of the sample pack doesn't grant the rights you need, contact the manufacturer to see if you're eligible for a refund 19. Course Summary & Wrap-up: So there we have it. You've covered what sample clearances and how you can get permission when you sample a song . Music is a creation that represents the artist on belongs to everyone's ears. But when it comes to paying the bills, everyone is willing to go the extra mile to protect their work. If you're sampling or remixing another artist's work, some sampled artist Mayfield entitled to composition and some may not. My recommendation is to get permission before you invest a lot of time in your work. That's review some of the points you have made in the course we've discussed why a sample clearances necessary, and the reason is that if you don't get permission to use samples, this could lead to costly lawsuits or the inability to distribute music to the public. Not only does using someone else's music and French on the copyright of the owner off the original sound recording, but it also reaches the Copa right in the music and lyrics. And don't forget that sample clearance is required. If we're making copies of your music or if you're planning on distributing your song to the public, the main points I want you learn about music law is that you need to clearances one from the cooperate owner of the song, which is typically the music couple of share, and one from the corporate owner of the Sound recording, which is typically the record company. The way you find and asked the music publisher is to look them up on all of the performing rights organization websites, including the m i dot com, ask up dot com, see zack dot com and harry fox dot com. Then you also need to find and asked the owner of the master recording the best way to find the owner of the master recording this to ask the music publisher. Or you can use a clearance expert if you really can't find that otherwise, the cost of sample Clarence really rare ease to make sure you reviewed the topic on the costs of sample clearance to know what to expect when you're negotiating with both the music publisher on the record label, we also talked about what to do. If you can't get a sample clearance, you can try recreating the sample, making the sample unrecognizable. Bring it into the mix now, using the title of the source music in the title of the song, contacting the artist or songwriter directly or seeking simple, friendly couple I owners As you ready discussed, you'll be on, say, for legal ground if you get permission, especially if you have a record contract. That puts the burden of simple clearances on your shoulders. Even if you don't have a record contract, you should still ask for permission every time you sample it song, especially if the song means a lot to you. Most labels, publishers and artists are happy to give their permission to artists looking to rework their music for a fee. The world of cover songs, sample clearances, mechanical licenses and music law as complex rules and regulations. For the casual music creator, however, one thing always holds true. If you ever have a question, don't be afraid to ask. That's why I encourage you to post your questions on the course discussion board. I hope you benefited from my course. If you're happy with my course, I encourage you to leave a positive feedback. I would really appreciate it. Best of luck in your course clearance endeavor and have a great day and take care