Sample Clearance: Producer or Artist Responsibility?

Jordan8

Jordan8

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Im selling beats and Im leasing some which means the artist doesnt have full rights and cant put it on an album unless they purchase full rights. My questionis a beat contains a sample do I have to clear it even if the beat wont be on an album? If it appears on an album who would be in trouble the artist, label orthe producer? Can create a contract that will save me from responsibility?
 
at the end of the day, the original owner always seeks out the artist to see in court. It is after all the artists' album and body of work.
 
Depends on your management company. Typically if your selling to an artist his label will put ask for a "cc" on the beat itself with layeredintricacies. Then as the production comes along for actual completion of the song, some of the up front amount can hinge on the sample usage itself.

If your dealing with escalators then its up to you.
If your doing a by package deal then its up to the studio, because the production is sold as is.
If its a joint-venture your solely reliable.

at the end of the day, the original owner always seeks out the artist to see in court. It is after all the artists' album and body of work.
Couldn't be more wrong.

Also FYI for upcoming producers. Your sample usage *amount can greatly reduce the cost of clearance if you are concerned. Because some lables will not offeryou as much for a track that they inturn will have to pay back fee's on. If the instruments are basic I suggest you recreate and sample from yourself.
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Originally Posted by iHateTimeDotCom

imo it should always b on the artist... a producer should never have to pay just to sell a beat... hustlin backwards...
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That would be great.
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Ok preciate the feedback I got to reevaluate some stuff. Im still learning keys I cant wait till I can play samples by ear.
 
even if you play a sample by ear and not use the OG recording, you are entitled to pay the original copyright owner based on the fact it's a derivitivework. if it sounds similar they can come back and get you.

the artist has absolutely nothing to do with clearing samples.
 
Originally Posted by IncredibleEv

even if you play a sample by ear and not use the OG recording, you are entitled to pay the original copyright owner based on the fact it's a derivitive work. if it sounds similar they can come back and get you.

the artist has absolutely nothing to do with clearing samples.
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Dang
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Originally Posted by IncredibleEv

even if you play a sample by ear and not use the OG recording, you are entitled to pay the original copyright owner based on the fact it's a derivitive work. if it sounds similar they can come back and get you.

the artist has absolutely nothing to do with clearing samples.
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Yeah i think the responsiblity should fall on the producer (I have no legal knowledge on this matter just opinion) if the producer tries to use others work forhis or her profit they should pay the original producer
 
T.O if you make a mixtape do you have to pay someone to use those beats? I can't imagine all these artist such as Kid Cudi paying someone for his ogmixtape.
 
I currently manage producers in the industry and its up to the label to clear samples....plain and simple....take it from someone who got a Grammy Nom thispast year!
 
Originally Posted by IncredibleEv

even if you play a sample by ear and not use the OG recording, you are entitled to pay the original copyright owner based on the fact it's a derivitive work. if it sounds similar they can come back and get you.

the artist has absolutely nothing to do with clearing samples.
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Wrong and Right.
 
i wish i had the skill and the equipment to make sampled beats, not to sell, just for my own personal enjoyment.

i just be flippin channels and hear commerical jingles, kids shows, all types of stuff that i think would be great to make a beat to.

sucks i dont have the right stuff to do it.
 
I work at sony music in the copyright dept, i'm kinda around this stuff a lot. basically if youre making beats and wanna make money off a beat with asample, you better get the permission from the original copyright owner of the sample.

if your gonna make a sampled beat and throw it on your boys mixtape, thats fine, but if youre gonna sell the mixtape for profit you need the permission. theartist/rapper/whatever is not involved in that process at all unless they are also the producer or co-producer. the labels do help in that process.
 
It should be the producers responsibility how you going to sell something to someone with strings attached. At least put the sample clearance price into theprice of the beat.
 
Originally Posted by bboy1827

T.O if you make a mixtape do you have to pay someone to use those beats? I can't imagine all these artist such as Kid Cudi paying someone for his og mixtape.
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Its funny you would mention Cudi in particular seeing how he used Aquarium by producer Nosaj Thing for the track Man On The Moon.
Anyway this is from Nosaj Thing's blog:
So I got a myspace message from Kid Cudi early last year and was asked if my song "Aquarium" can be used for an upcoming mixtape. To be honest, I've never heard of Kid Cudi at that time but liked what he was doing based from his music player. I haven't heard from him after that but then found out that my song was actually used for the mixtape months later through a blog. I assumed that Cudi was really busy to let me know about it. After doing some research, I found out that he got signed to Kanye West's record label, G.O.O.D. Pretty amazing news to me. I hope to work with Cudi again soon.

No..they dont have to pay.
i wish i had the skill and the equipment to make sampled beats, not to sell, just for my own personal enjoyment.

FL Studio is as simple as it gets. To sample (atleast to start out) all you need to know how to do is basically just be able to count beats/bars.
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Originally Posted by iHateTimeDotCom

Originally Posted by GUILLERMO GUTIEREZ

i wish i had the skill and the equipment to make sampled beats, not to sell, just for my own personal enjoyment.

i just be flippin channels and hear commerical jingles, kids shows, all types of stuff that i think would be great to make a beat to.

sucks i dont have the right stuff to do it.
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lets see... computer... internet...

u got everything u need really... u can add a controller for $100 if u want but thats pretty much all u need...
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Yea you got to learn to be more resourceful bruh
 
Originally Posted by iHateTimeDotCom

Originally Posted by GUILLERMO GUTIEREZ

i wish i had the skill and the equipment to make sampled beats, not to sell, just for my own personal enjoyment.

i just be flippin channels and hear commerical jingles, kids shows, all types of stuff that i think would be great to make a beat to.

sucks i dont have the right stuff to do it.
Click to expand...
lets see... computer... internet...

u got everything u need really... u can add a controller for $100 if u want but thats pretty much all u need...
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yea, but i dont know where to go, what to get. cost.

but first my main priority is to get my comp. speakers fixed cux right now i cant get any sound at all, not even through headphones or auxillary speakers.
 
Originally Posted by IncredibleEv

I work at sony music in the copyright dept, i'm kinda around this stuff a lot. basically if youre making beats and wanna make money off a beat with a sample, you better get the permission from the original copyright owner of the sample.

if your gonna make a sampled beat and throw it on your boys mixtape, thats fine, but if youre gonna sell the mixtape for profit you need the permission. the artist/rapper/whatever is not involved in that process at all unless they are also the producer or co-producer. the labels do help in that process.
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Same here
 
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