O
outta_space
Guest
New Jersey / New York
Just a few general questions regarding the sampling of music. I know they just passed a new law that any sampled peice of music, regardless of length or manipulation must be cleared and paid for. Here are my questions.
1. How risky is it to not clear a sample. I know sampling a major label release is a lawsuit wating to happen, but what about independent releases? Releases on small labels from the 70's that never were bought by major distributors? Or releases that aren't ASCAP/BMI.
Or what about overseas releases? Releases from Latin America or Japan that were never internationally distributed or licensed to ASCAP / BMI. Are these equally risky to not clear? How does international copyright apply to this?
2. How do others get around this!? I recently purchased a new album by HipHop producer Alchemist, and every song contains a sample. I looked at the liner notes and only 3 songs were listed as "Contains a sample of... used by permission". I know that some of the other songs were taken from 1980's Japanese Releases, Rare Soundtracks / Sound Library Recordings/ and Latin American releases. Also rare Soul and Rock recordings from the US. How is he getting away with this?!
I know the rule of thumb is clear everything. But do you really have to?
Just a few general questions regarding the sampling of music. I know they just passed a new law that any sampled peice of music, regardless of length or manipulation must be cleared and paid for. Here are my questions.
1. How risky is it to not clear a sample. I know sampling a major label release is a lawsuit wating to happen, but what about independent releases? Releases on small labels from the 70's that never were bought by major distributors? Or releases that aren't ASCAP/BMI.
Or what about overseas releases? Releases from Latin America or Japan that were never internationally distributed or licensed to ASCAP / BMI. Are these equally risky to not clear? How does international copyright apply to this?
2. How do others get around this!? I recently purchased a new album by HipHop producer Alchemist, and every song contains a sample. I looked at the liner notes and only 3 songs were listed as "Contains a sample of... used by permission". I know that some of the other songs were taken from 1980's Japanese Releases, Rare Soundtracks / Sound Library Recordings/ and Latin American releases. Also rare Soul and Rock recordings from the US. How is he getting away with this?!
I know the rule of thumb is clear everything. But do you really have to?