iTunes and sample clearance advice

[OnQ]

I know some of you have a great deal of experience in the legal matters of the music business, so I'm looking for a bit of advice from you guys....

My friend and I just recently finished recording a 6 song EP. I made all of the beats, and used samples in each of the 6. We had 100 CD's pressed up and now we're looking to put the EP on itunes. I have an account with CD Baby and it seems like they have a pretty reasonable rate when it comes to digital distribution. In their FAQ section, however, they have a few tips about sample clearance:

"If you have samples in your music, they must all be legally cleared and paid-for. No “mix tapes” of other people's music, even if you are mixing in your own music. It's VERY important you have all rights and permission! Files distributed on the internet are watched very carefully by lawyers. You can't just “get away with it”. Do everything thoroughly and legit."

It seems that the general consensus on illmuzik is use the samples and then if you're "lucky" enough to get sued, chances are your music will have been profitable enough that it's just a matter of settling in court. I haven't cleared any samples, and haven't really ever considered it, as I know it can be pretty spendy. For the amount of money I'm likely to make off this EP, it would definitely not be worth my while.

First off, has anyone used CD Baby with sampled projects? Any advice on this situation?

If not CD Baby, what resource should I utilize to get our EP on iTunes?

Thanks for the any advice!

OnQ

 

[thedreampolice]

Unless the samples are crazy obvious IE James brown, Rolling stones put that album out!

Of course a lawyer will tell you otherwise.

 

[hanayalator]

Ya man, unless they're really noticable samples, I would just put it out. Honestly, if you try to clear them, it's going to cost you a shitload of money, and it'll also take a LOT of time, maybe a year or two. As for iTunes, get on there whatever way you can. Most companies that have deals with itunes are similar, they all take a cut of some sort, and that's after the cut itunes takes as well. Also look out for other ways to sell your album online, cause I know itunes is one of the worst deals out there for money (although it has the best brand name).

H

 

[OnQ]

Thanks for the advice guys. On some of the songs I did literally sample the entire song. Like I took the whole hook from an existing song and put it as the hook for our song... So in a few cases it is pretty obvious. If you wanna see what I mean, go to www.myspace.com/youngsham and listen to either "Slow Burn" or "Heaven". Both those songs are on the album. I'm kinda torn on what to do. On one hand, I know the likelihood of me getting in trouble are pretty slim... But at the same time, I'm REALLY not tryin to get sued! Thanks for the input guys, I really appreciate it.

Also, I know both iTunes and CD Baby both take a cut of whatever we make... But honestly, the money doesn't really matter to me, I just wanna get our songs heard. I'd put our EP on the web for free, but I gotta pay for all this equipment somehow...

 

[dacalion]

I disagree, I know where they are coming from but personally, I wouldn't do it. Times are tough right now and eventually labels are gonna go after stuff like this. I feel its one thing to use a sample for fun, but as soon as you put a for sale sign in front of it, you're opening a whole different can of worms. My suggestion, make your own samples...you already make some killer beats, emulating samples is easier...I say do your own thing, I couldnt care less about some copyrights, just dont put a for sale in front of it...especially on cd baby where EVERYBODY will see it. Thats just a bad move imo.

 

[LouBez]

has anyone on the site ever actually cleared their samples?

 

[thedreampolice]

Cut chemist's latest album "the audience is listening" hos NO cleared samples and all is ok.

 

[hanayalator]

I haven't cleared samples, but I have gone through the process of reveicing mechanical licenses for a recording my school did. Basically all cover songs have a mechanical license that you need to get (it's usually free), so that the songwriter gets their royalty. It's a pain in the ass, lots of paperwork (like a couple different forms for each song, and there was about 20 songs on the album), and sometimes you need to get in touch with the writer/publisher if they're not registered, and that can be very difficult.

H

 

[Atom_Crewz]

You can still sell uncleared tracks for production you just have to stipulate to the buyer that clearance is their responsibility if they want to use it commercially. They aren't buying your track, they are paying for your arrangment basically.
Personally, I don't use samples except as seed waveform for granular synthesis, and for track demo-ing(placeholding). I learned to play bass, gtr, drums, keys, etc for a reason, so I don't need to ask permission to make and sell my art. To me that's the difference between a professional producer and a remix artist. The remix artist is taking and using the original producer's work. The producer is producing original works.

 

[DJ Excellence]

go for it , I wouldn't worry about sample clearance ... unless you're a big name , nothing's gonna happen to you (copyright holder is NOT gonna make any $$$ suing an underground artist)

 

[UNORTHODOX]

go for it , I wouldn't worry about sample clearance ... unless you're a big name , nothing's gonna happen to you (copyright holder is NOT gonna make any $$$ suing an underground artist)

Ya know, I want to believe this, but I'm really reluctant.

 

[DJ Excellence]

suing somebody costs $$$, if the artists is just selling a few hundred units , what's the point ? You're not even gonna break even ...

Ya know, I want to believe this, but I'm really reluctant.

 

[UNORTHODOX]

suing somebody costs $$$, if the artists is just selling a few hundred units , what's the point ? You're not even gonna break even ...

Theres logic in it but I just get this notion like they're gonna justify you oweing millions or something.