Selling beats with samples?

[Space_The_Face]

I am not at the stage in my "career" where I'm trying to sell beats, but I have been getting inquiries lately.
I hardly ever use samples that aren't royalty free, but recently I made a beat using an old breakbeat from the 70's, and of course... Someone wants to buy it.
Anybody have any clue how I could handle this? I'm very green and I know I'm not going to be able to get this sample cleared. That being said I'm kind of leaning towards denying the sale, although I don't want to.

 

[Fade]

I am not at the stage in my "career" where I'm trying to sell beats, but I have been getting inquires lately.
I hardly ever use samples that aren't royalty free, but recently I made a beat using an old breakbeat from the 70's, and of course... Someone wants to buy it.
Anybody have any clue how I should handle this? I'm very green and I know I'm not going to be able to get this sample cleared. That being said I'm kind of leaning towards denying the sale, although I don't want to.

Is it a private sale or on a beat selling website? You could specify to the buyer that there's sample and it would be their responsibility, but it depends on what it is. Some of those breaks could be on a website like Splice.

 

[Space_The_Face]

Is it a private sale or on a beat selling website? You could specify to the buyer that there's sample and it would be their responsibility, but it depends on what it is. Some of those breaks could be on a website like Splice.

I'm going to put it on beat stars and send them a link (if I decide to sell).
I can't remember the name of the band I sampled from but it's really common one, like maybe the Skull Snaps or James Brown. I have a folder with original breakbeats that I pulled it from.
I normally use that folder for reference only, but I ended up using one for this particular beat because it fit so good and I honestly didn't think about anyone purchasing it.
I'm thinking maybe I'll chane the breakbeat to something royalty free and offer it to them like that. I just don't want to come off as unprofessional.

 

[Fade]

I'm going to put it on beat stars and send them a link (if I decide to sell).
I can't remember the name of the band I sampled from but it's really common one, like maybe the Skull Snaps or James Brown. I have a folder with original breakbeats that I pulled it from.
I normally use that folder for reference only, but I ended up using one for this particular beat because it fit so good and I honestly didn't think about anyone purchasing it.
I'm thinking maybe I'll chane the breakbeat to something royalty free and offer it to them like that. I just don't want to come off as unprofessional.

If I remember correctly, Beatstars and the other sites have contracts, but I would just specify somehow that it's got a sample in it. I mean, the thing you have to wonder is what the buyers are using it for. If it's for a mixtape or just for fun, I see no harm. But if Jay-Z was trying to buy your beat then that's a different story.

I found this https://help.beatstars.com/hc/en-us/articles/360034307334-Can-I-have-samples-on-my-material- but they of course know there's going to be uncleared samples in there. There's no way they can monitor all of that. So I guess your best bet is to communicate with the seller on the matter, or like you said, replace the breakbeat. Maybe try to recreate the break? That would be an interesting thing to do.

 

[Space_The_Face]

If I remember correctly, Beatstars and the other sites have contracts, but I would just specify somehow that it's got a sample in it. I mean, the thing you have to wonder is what the buyers are using it for. If it's for a mixtape or just for fun, I see no harm. But if Jay-Z was trying to buy your beat then that's a different story.

I found this https://help.beatstars.com/hc/en-us/articles/360034307334-Can-I-have-samples-on-my-material- but they of course know there's going to be uncleared samples in there. There's no way they can monitor all of that. So I guess your best bet is to communicate with the seller on the matter, or like you said, replace the breakbeat. Maybe try to recreate the break? That would be an interesting thing to do.

Hmm.. I could recreate it. A virtual drum kit + Tape effects and call it a day, lol.

 

[2GooD Productions]

Make it the buyers responsibility to clear

 

[LiveLargeBeats]

If its just the drums i wouldnt even bother tbh. and regarding samples nobody cares, unless its a hit. I would tick the box that asks you if you used any samples in your song on beatstars tho. As 2good said, make it their responsibility if they really want it. Or you can always say hey man, got these breaks in a folder, didnt know they werent royalty free

 

[Iron Keys]

You could recreate the drum break.

Also, if somethings a big hit or whatever, usually a label would ba happy to clear it if they picked it up.

The risk is if you get a really assy rights holder who will be tough.

But the other thing is, if it did get big and you dontget to profit much off it... now yoir name is out there.

But yeahjust make it clear to buyer or whoeevr that there are uncleared samples. And maybe sign something they agree they know this and take responsibility (if that's legally correct)

 

[2GooD Productions]

Will definitely need to find out what samples you used though. When I flip samples now, I nane my tracks after the sample, so I dont forget what I sampled. You live and learn.

 

[thedreampolice]

If it sells under 10k copies then it just doesnt matter.

 

[nikwen]

When I flip samples now, I nane my tracks after the sample, so I dont forget what I sampled.

That's smart!

 

[Space_The_Face]

Make it the buyers responsibility

Will definitely need to find out what samples you used though. When I flip samples now, I nane my tracks after the sample, so I dont forget what I sampled. You live and learn.

I know the name I just didnt have it on hand when I first posted. Naming the tracks after the sample is a good idea though.

 

[Fade]

If it sells under 10k copies then it just doesnt matter.

I mentioned this numerous times over the years. I think it should be the industry standard. Something so small shouldn't count. But within reason I guess lol. Not just taking a whole instrumental from someone and claiming it as your own, of course.

 

[Space_The_Face]

Just an update for anyone else that may go through the same issue..
I tried to recreate the break. I came pretty close but it just didn't hit the same.
I explained the situation to my customer and he said he didn't really care and he still wanted the beat so I gave him a discount, considering he bought multiples.
I appreciate everyones advice and next time I will probably label the beat with "uncleared sample" so the purchaser knows up front.