Running in to some sampling prob..(Good on ya Streetwize....)

[Deez]

First off............I just listened to the winning beat, tight ish man..
I'm really feallin it..... keep up the new flavor Wize!!!

Now moving on to more serious matters.
Months ago I recorded a song with a fellow artist who had plans of dropping an album in the near future....
Well turns out he's releasing this album in the next few months, with distribution. The problem is I sampled two different songs, if you were around, in the late seventies chances are you'll recognizzz the damn thang(i'll leave the title and artist at my discretion... ya never know..lol).

I'm curious as the producer, am I responsible for the clearance??? I spoke to some fellow producers about it and they told me not to worry.
I spoke to some industry people and they told me i'm just as responsible as the artist....... even though I didn't get paid. Record labels are only concerned in getting paid, but if i'm not getting a percentage... then i'm not responsible, right??
Holla.. Dz

 

[Fade]

I would guess that it's your responsibility because the artist is hiring you to make an instrumental for them that they can put lyrics to. On the other hand, it is their project, so it could also be up to them to clear the sample too.

Did you talk to the artist about it? You could say that you have a sample you want to use and you want to know if they'll hold the responsibility of clearing it.

 

[afriquedeluxe]

if u gna sell hundreds of thousands of copies den u shud start worryin bout clearin samples, if not i dnt tink da person who has rites to da sample will bother takin legal action. in ma opinion i tink da beat maker has responsibility to clearin da sample, but da label shud help in da process 2

 

[Fade]

Sorry, I didn't see the part about a record label. In that case (and especially since you're not getting a percentage) then they should be responsible for it, IMO. But it would still help if you spoke to them about it.

 

[Streetwize]

yes definetely, the 'label' hes signed to should be clearing it

maybe draw a contract up with those details in there

ps. thanks for the props..appreciated!

 

[Cold Truth]

yeah... also, make sure you get a copy of whatever terms you ocome to in writing, so they cant stick you with the bill if they get sued.

 

[bigdmakintrax]

First if you are getting publishing you need to be concerned because, if that song makes it to a production album and you haven't ironed out the details of the samples and the label doesn't bother you might be asking for trouble later on especially if it blows there are too many instances of improper clearances that made into large distribution.....examples....Biz Markie....De la Soul...Beastie Boyz.....albums blew and then in some cases checks held up and not paid and also albums pulled.......if it is small time distribution it is still a gamble but the label will more than likely be liable for using the song and in some cases they still get the money from sales and then hold the artist $$$ up until all the legal issues are resolved.....

 

[nas2000xl]

my opinion is being that you made the beat and you used samples that can be reconized its first your responibility to get those samples cleared, on the other hand if the label is going to release the songs under their name with those samples in it without being cleared then the weight will fall on them. but keep in mind "Shit Rolls Down Hill"

 

[Deez]

I found this on http://www.taxi.com/meters0209/mumbo0209.html....
interresting, but not all that helpful..... I think I have to definetely sign a written contrast stating that I have not made any profit from this song.

Dz
THE NEGOTIATIONS

In cases where the producer supervising the session, the re-mixer or the recording artist samples without permission from the music publisher (the owner of the underlying song sampled) or the record company (the owner of the pre-existing recording sampled), the publisher and record company will contact the recording artist or record company that released the unauthorized sampled performance and let them know that such a use constitutes an infringement of copyright.

Litigation could be next but if a settlement is negotiated, the situation may be resolved through a continuing sharing of money or copyright participation on the part of the sampled publisher and/or record company.

In cases where the recording artist, the producer or the record company requests permission before the actual sample is put in the new record, the applicable music publisher, record company, or both will, if the sample is approved, usually negotiate a settlement.

As part of any negotiations, the music publisher or record company owning the sampled composition or master recording will request a copy of the new recording for review, review of the sampled section, and determine its importance and value to the new song or record.

A SAMPLE WHICH IS NOT APPROVED

If the sample is not approved, the sample can be deleted from the recording before it is released without any harm to the new recording artist, record producer, record company, songwriter and music publisher. In this regard and as a piece of practical advice, if permission to use a portion of an existing song or recording is requested by the sampling party prior to the sample being recorded or released, the owner of the sampled composition or sampled recorded performance is more likely to look at the new recording in a positive way and be open to a resolution involving a sharing of income and ownership and not involving a law suit.