Sample clearing and simple fear of getting sued for all my teengs.

W

W3st

Unsigned DnB Producer
Joined
Jun 18, 2011
Location
Santa Clara/San Diego
Hey guys, so my question here is simple... kind of. The song in my sig is my favorite one to boot and I would like to promote myself heavily with it, and aim hard to get it signed. (although honestly i dont know anything, i mean ANYTHING about the whole getting your songs signed deal yadda yadda) I have been researching heavily but I feel like most places i look the article just beats around the bush for days on days...

Anyways, this song I am talking about uses two main samples. The first one is pretty extensive, it is a Jazz sample apparently from Douglas Adams' audio book Hitchhikers Guide to the Galaxy (seriously), and I don't know how I would go around contacting the publishers, record label or even Douglas Adams for permission to use that sample....

The second sample is one of the most overly used ones in history, James Brown's various hollers and such from his tracks. One is a yell that leads into the drop, and the others are the random grunts I use through out, as well as the Hit Me! sample.

I have been searching online for ideas and the primary ones are to either ditch the samples, try and remake them myselves, find someone to remake them, or just say f*** it and push my luck and go with them in the song and no permissions. As I am not up and coming and no one really knows my music, there is a small chance I would get caught but honestly I would rather not get caught at all and get them cleared.

SO what the hell?? Haha I would love some honest feedback, and if anyone on here thinks they can recreate those samples for me, I would be more than happy. The jazz one doesnt seem too too hard but honestly i know nothing about trumpets and such.

Thanks guys!
 
I'm pretty sure sample clearance is the labels responsibility, I could be wrong, it may be different for smaller labels. I personally wouldn't risk not declaring them. Last thing you want is the full force of some heavy labels bearing down on your "little" song. Or as you said the safest route would be to make your own originals which would be a shame but would avoid the entire issues.
 
I've taken such risks. I've nabbed mostly vocals. Anastacia and Alicia Keys being the most prominent ones. I didn't ask anything, the label didnt ask anything. The risks are very small, and even if you get 'caught' doing it, the benefits of a big label actually chasing you and suing, or demanding anything are close to zero because there's so little for them to gain from it. They might ask for half of the profit for example, and in many cases that wouldn't pay for 30 minutes fee for a half decent lawyer. I imagine most big labels realize this so they're not very keen to do it. At most the tune would likely be just taken offline and your deal with the label cancelled.

Anastacia:
https://soundcloud.com/kama%2Fben-kama-work-it-out
Alicia Keys:
https://soundcloud.com/kama%2Fben-kama-with-me

Also snatched a long bit from a certain tibetan singer for this track, heard nothing, even though it's a main element in the tune:
https://soundcloud.com/kama%2Fben-kama-rinpoche-midnight-sun
 
I really would only worry about it if it IS pointed out by some copyright owner or the label or something, THEN you can start looking at the alternatives.
I don't know anything about running a label and whatever, but I would imagine most should have some kind of policy for samples, whether they just talk through what is used with you, or they try to get it cleared, I don't know.
Like Kama said, it's not going to be a case of millions, so don't worry too much!
 
It depends. If a label has signed your tune, but not you as an exclusive artist, chances are you are responsible for clearing that sample. If you're signed as an exlclusive artist, most likely your A&R will handle sample clearance.

Read more about sampling in this discussion here.

Cheers.
 
thanks guys good info so far, and thanks lost for the link. Ill read up on that now, better than sitting in class.. haha >.<
I guess I'm really only aiming to get my song signed and not me exclusively, so I'll look into duplicating the samples myself... anyone know anyone who could recreate the jazz sample in my song in my sig???
 
Don't worry about it, you wont sell enough to even warrant them coming after you let lone them even finding your song in the first place
 
agree with yogi on this one - i say go for it - big labels are not going to go after you on some bit you did - now if you sell a million copies i would say other wise but as for now fuck it and run it
 
really doesn't matter unless you think your going to sell thousands of copies. We released an alborosie booty under our real names on our old label no one batted an eyelid
 
What if you sample something not so big? Would they have time to hunt you down?
 
if you're just promoting yourself with it, don't even bother thinking about it until you are snapped up by somebody. there are a lot more samples in a lot more styles of music than you probably realise, and that's day to day, not one offs. this sorta thing is easily sorted when it goes to press.
 
No offence to you or any up n comers but imagine your sample clearance is an ant, on earth, farting.....And the guys you're worried about hearing said fart are on the edge of our galaxy....

If a big label picks it up they will get it done, if they care enough or think it may sell thousands... which in all honesty is a rarity. So don't fret, an go nutz while you can!

P.s I'm feeling the two tracks I heard in the sig big ups! :2thumbs:
 
The mistake is that you said where they are from, if someone asks just say that the samples are similar but definitely from somewhere else. They can't know fo sho right?
 
honestly wouldnt loss sleep over it matey.....who's to say someone doesnt own the kick in your track, or the snare or the white whoose.....seriously, it'd cost them more to track you down than its worth....unless it goes global and does a dj fresh i wouldnt worry. These days people have sampled samples from tracks that have sampled from another track that has sampled from another track and so on and so......especailly in jungle tracks. Our label have used samples from older tracks. Id say as a rule of thumb....if its a bootleg or a re-edit of a classic do it as a free giveway, if your making money froma track like that then you could be in theory brought to book.....look at cabin fevers bootleg of emile sande...im assuming they never worked with her, hench a free download.
 
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