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Clear sample on mixtapes?
Old 5th February 2009
  #1
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Synthy08's Avatar
 
🎧 10 years
Clear sample on mixtapes?

Do you have to clear samples if its for a mixtape?
Old 5th February 2009
  #2
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🎧 10 years
Quote:
Originally Posted by Synthy08 ➑️
Do you have to clear samples if its for a mixtape?
why would u clear a sample for a mixtape? short answer- nope!
Old 5th February 2009 | Show parent
  #3
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Raj Smoove's Avatar
 
🎧 10 years
alot of people on here will tell u that u hafta clear anything u use but ive never heard of anybody getting sued over a mixtape. ive put out plenty and never had a problem. very few mixtapes get so big as to attract that much attention and money where you'd pop up on the radar. it would cost them more money to come after u than they would be able to get from u

mixtapes are like the guantanamo of the music industry. many of the laws should apply but they dont. ur in open waters. do whatever u have to to get the job done
Old 5th February 2009 | Show parent
  #4
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elmolemon's Avatar
 
🎧 10 years
Law says YES.

I say probably NO.

But you gotta have in mind, that you violate copyright law and the risk is increasing with the amount of copies.
Old 5th February 2009 | Show parent
  #5
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Bondtana's Avatar
 
🎧 10 years
If 50 Cent doesnt... so why in the hell would anyone else?!
Old 5th February 2009 | Show parent
  #6
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🎧 10 years
i was partners with one of the bigger nyc mixtape djs in late 90's early 2000's. back when mixtapes sold wholesale for $5/unit and we were also running cassettes still for international. B4 the mixtape websites killed the pricescale.

i have never heard of anyone clearing any samples for a mixtape. it's ridiculous.

if u r putting out a mixtape of just ur own personal material chances r it will never be on the radar to the level of 50, jeezy, lil wayne, etc who dont clear anything on there and actually get radio spins on joints from their mixtapes.
Old 5th February 2009 | Show parent
  #7
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Synthy08's Avatar
 
🎧 10 years
Quote:
Originally Posted by computa ➑️
i was partners with one of the bigger nyc mixtape djs in late 90's early 2000's. back when mixtapes sold wholesale for $5/unit and we were also running cassettes still for international. B4 the mixtape websites killed the pricescale.

i have never heard of anyone clearing any samples for a mixtape. it's ridiculous.

if u r putting out a mixtape of just ur own personal material chances r it will never be on the radar to the level of 50, jeezy, lil wayne, etc who dont clear anything on there and actually get radio spins on joints from their mixtapes.

ok cool thanks
Old 5th February 2009 | Show parent
  #8
Gear Maniac
 
🎧 10 years
Everyone's answers are correct but let me give you some 411 on what can happen if you don't get that sample cleared.

You should know the song Breathe by Fabulous, that song was put on a mix tape and "leaked" on nationwide radio by mixshow djs. Well the song blew up right, so before they got the clearance on the sample. The original composers of that song they sampled sued Def Jam. Why? because whether it was a mixtape or not, that song was used as nationally promoted marketing material and guess what, the original composers won the lawsuit.

Now fab didn't want to just stop the single and not put it on the album, so they agreed to allow the single to still be released and on the album BUT the original composers got 100% of the royalties for the song.

Same thing happened with Lord Tariq and Peter Gunz single
Old 5th February 2009 | Show parent
  #9
Lives for gear
 
🎧 10 years
Quote:
Originally Posted by MicB ➑️
Everyone's answers are correct but let me give you some 411 on what can happen if you don't get that sample cleared.

You should know the song Breathe by Fabulous, that song was put on a mix tape and "leaked" on nationwide radio by mixshow djs. Well the song blew up right, so before they got the clearance on the sample. The original composers of that song they sampled sued Def Jam. Why? because whether it was a mixtape or not, that song was used as nationally promoted marketing material and guess what, the original composers won the lawsuit.

Now fab didn't want to just stop the single and not put it on the album, so they agreed to allow the single to still be released and on the album BUT the original composers got 100% of the royalties for the song.

Same thing happened with Lord Tariq and Peter Gunz single

thats not what happened exactly. when def jam legal went for the clearance after it was determined they wanted to use song for the Fab album the publishers of the song were made aware of the BDS spins already gotten on the record and demanded back publishing for the spins and 100% of the publishing royalties (which has become commonplace over past 6/7 years).

Lord Tariq & Peter Gunz put the record on an album (on sony I believe) without getting sample clearance.

If synth08 has a label that's gonna push a song off his mixtape and pay for radio bds spins then he may wanna get sample clearance
Old 6th February 2009 | Show parent
  #10
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Synthy08's Avatar
 
🎧 10 years
Quote:
Originally Posted by MicB ➑️
Everyone's answers are correct but let me give you some 411 on what can happen if you don't get that sample cleared.

You should know the song Breathe by Fabulous, that song was put on a mix tape and "leaked" on nationwide radio by mixshow djs. Well the song blew up right, so before they got the clearance on the sample. The original composers of that song they sampled sued Def Jam. Why? because whether it was a mixtape or not, that song was used as nationally promoted marketing material and guess what, the original composers won the lawsuit.

Now fab didn't want to just stop the single and not put it on the album, so they agreed to allow the single to still be released and on the album BUT the original composers got 100% of the royalties for the song.

Same thing happened with Lord Tariq and Peter Gunz single

yea but at the same time id get alot of work out of it.......im trying to do one with either a noob at a mayjor label, or a super talented indie person......any of you make a mixtape b4? any tips?
Old 9th February 2009 | Show parent
  #11
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Synthy08's Avatar
 
🎧 10 years
SO the same applies even for a new artist on a major label?
Old 11th February 2009 | Show parent
  #12
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Prime Tire's Avatar
 
🎧 10 years
It probably just depends on if it's just a street mix tape or if it's actually getting released on a label. Something actually getting released commercially definitely needs clearance. Basically, more people hearing it = more chance you'll get sued or a cease-and-desist order if the sample isn't cleared. So many guys just straight up take other artists' entire beats and use them for their own mix tapes. Ridiculous. The law says if you're making money off of it then you have to clear it, but if it's just something you're giving out to get names out there then don't worry about it.

This is why when I use samples I make them all but unrecognizable. Hell, it's more creative that way. Public Enemy style! I hate it when guys make a beat out of half of someone else's song. Creativity totally needs to come back to beat-making.
Old 11th February 2009 | Show parent
  #13
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1 Review written
🎧 10 years
If you sample one of my records, you better f*ckin' clear it!
Old 11th February 2009 | Show parent
  #14
Gear Nut
 
Prime Tire's Avatar
 
🎧 10 years
Quote:
Originally Posted by chris carter ➑️
If you sample one of my records, you better f*ckin' clear it!
I like Chuck D's take on it. To paraphrase him, "I don't care if you sample any of my records, as long as the song isn't advocating anything I object to. That's when there's gonna be trouble."
Old 11th February 2009 | Show parent
  #15
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Synthy08's Avatar
 
🎧 10 years
Quote:
Originally Posted by Prime Tire ➑️
I like Chuck D's take on it. To paraphrase him, "I don't care if you sample any of my records, as long as the song isn't advocating anything I object to. That's when there's gonna be trouble."

True
Old 11th February 2009 | Show parent
  #16
Gear Maniac
 
tubesandteles's Avatar
 
🎧 15 years
Sample Clearance

I run a sample clearance service at www.clearyoursample.com - Clear Your Sample.

As somebody already said, the law says yes, subject to a fair use analysis.

If you plan to clear samples, make sure you allot a minimum of 3-6 months for clearance. It can be a very time consuming process. I usually have to follow-up with the rights holders once a week to keep the process going.

You'll need a license from both the owner of the sound recording (usually a label) and the owner of the musical composition (usually a music publisher). This is assuming that you didn't replay the sample. In that case, you'll only need a sample license from the owner of the musical composition.

Also, keep in mind that the rights holders have NO obligation to grant sample licenses.

Hope this helps.
Old 11th February 2009 | Show parent
  #17
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Bondtana's Avatar
 
🎧 10 years
Quote:
Something actually getting released commercially definitely needs clearance.
I know of some records that sold between 100k+ and mutliplatinum records with uncleared and very obvious samples.

It's probably more common than we think
Old 11th February 2009 | Show parent
  #18
Gear Nut
 
Prime Tire's Avatar
 
🎧 10 years
Quote:
Originally Posted by Bondtana ➑️
I know of some records that sold between 100k+ and mutliplatinum records with uncleared and very obvious samples.

It's probably more common than we think
Well sometimes the original artist either doesn't care or never hears it. Seems like every other week I hear about songs with uncleared samples getting out there. A lot of it has to do with the sheer amount of straight-up rip-off sampling that goes on nowadays (as a pretty dated but still accurate example, Vanilla Ice blatantly yanking Queen's "Under Pressure" riff versus Public Enemy looping half a bar of an old funk record) Personally, if a halfway decent artist sampled something I did in a creative way (as opposed to Kanye or Jay-Z's common practice of taking half of an entire damn song and using that as the "beat"), I'd be flattered as long as they didn't suck and as long as they gave me some kind of credit in their album notes. Otherwise it would be like them shoving a big middle finger in my face.
Kinda like this: fuuckdfegad
Old 11th February 2009 | Show parent
  #19
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babyface_finsta's Avatar
 
🎧 15 years
Boldly put "For Promotional Use Only"... and be done with it.
Old 11th February 2009 | Show parent
  #20
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🎧 10 years
Quote:
Originally Posted by Prime Tire ➑️
Personally, if a halfway decent artist sampled something I did in a creative way (as opposed to Kanye or Jay-Z's common practice of taking half of an entire damn song and using that as the "beat"), I'd be flattered as long as they didn't suck and as long as they gave me some kind of credit in their album notes
Major label albums like Kanye & Jay-Z albums always give credit to where the sample is from and they pay for the clearance. if they did sample and u decided to clear ur material u would be smiling with the clearance fee and publishing checks u would recieve unless u dont need the money.
Old 11th February 2009 | Show parent
  #21
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Prime Tire's Avatar
 
🎧 10 years
Quote:
Originally Posted by babyface_finsta ➑️
Boldly put "For Promotional Use Only"... and be done with it.
Problem solved.


Quote:
Originally Posted by computa ➑️
Major label albums like Kanye & Jay-Z albums always give credit to where the sample is from and they pay for the clearance. if they did sample and u decided to clear ur material u would be smiling with the clearance fee and publishing checks u would recieve unless u dont need the money.
Good to hear they go through all the right avenues, but the concept of them ripping off half a classic song still bothers me, but money definitely talks. Except the difference between them sampling Steely Dan or The Doors and them sampling one of my songs is I totally need the money as well as the recognition
As of now, M.I.A. is a one-hit wonder (at least in the states anyway) but I'm guessing "Swagga Like Us." got her a few bucks as well as a few more albums sold (and a a nine-months-pregnant Grammy appearance). Again, it's all about how it's sampled. There have been many times a record was sampled that brought the sampled artist back into the spotlight. For all I know, Jay-Z's "Takeover" got a few more people to buy Doors albums.
Old 13th February 2009 | Show parent
  #22
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frank lyon's Avatar
 
🎧 10 years
Clear samples on mixtapes?



nope


wouldn't be prudent
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