No more SAMPLE CLEARANCE!!
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- čas přidán 2. 12. 2016
- Do producers have to clear samples in their beats? Is sampling legal when music is released for free? I'm sick of these sample clearance lies, myths and misunderstandings, so here I go, one last time.
Video courtesy of www.beatstars.com - Hudba
Your level of patience is to be GREATLY applauded! The way you continue to repackage information in an effort to get people to understand is just commendable. Stay strong brotha.
Ikr I feel like it's so easy to understand.
Yeah not a lot of people would actually take the time to do this
If you sample something and make it hard to recognize you could probably get away with it as well.
the art of manipulation
A lot of artists like Phantogeam admittedly do that.
BUT beware there are sample junkies who obsess over finding samples and there’s always the risk they will find (and expose) the samples just for bragging rights. Some of the most obscure samples have been found. Even DJ Premier (angrily) spoke about this one time at the end of a Gangstarr record I think.
It probably wouldn't be wise to publish it still correct ?
@Cyp3 because the source. It may have a real orchestra or something recorded really well that would turn out better than some cheaper plugins or sounds. Instead of scrolling through presets for an hour, flipping a dope sample and getting the beat done. Just because people flip samples doesnt mean they exclusively do so either. It just changes up the workflow, keeps things fresh
@@zlistcelebrityYT which one
what blows me, when you make a sampling tutorial on CZcams and they scoop the video for your money right when it's popping. :(
damn, so should I avoid sampling?
damn did they get you for the song you sampled? or for teaching criminal activity to us youngsters? 😂
Dude holy fuck you're like the only person speaking on royalties & clearance in a way that's easy to understand, thank you!
1:40 is exactly was I was misunderstanding. Thanks for clarifying "publish" in context
"im gonna jump out a window" LMFAO!!! thanks for the info pain 1
As a tiny tiny artist, thank you for clearing my stress
love the knowledge pain, keep it coming
much appreciation and respect
This is about the 5th video in 8 months or so that you have made regarding sample clearance. I’ve no clue how you still manage to stay so patient. I’m looking at some of these inquiries about stuff regarding clearance/copyright/publishing and ppl are STILL asking the most ill conceived questions that you’ve answered in previous videos and that ppl can also google which is the most ironic thing in the world because the same tool ppl use to spread misinformation and memes can be used to easily get all info about it cleared up. It boggles my mind. Anyways Salute to you man...fuck you’re doing the lords work haha.
Thanks I feel more confident moving with the beats I sampled
Me too I feel the same way....I didn't want to sample because of this
LOL
@@Ryanthemusician you still cant sell the beats though. What small time rapper is gonna be able to afford to clear samples?
Question...If I copyright a song that I made which contains samples, the samples have to be cleared prior to publishing (commercially releasing), after I clear the samples, ownership of the song/copyright I made with the now cleared samples should result in a revision of my original copyright or a new copyright altogether? Since the copyright/song ownership will now have to be split (I'm assuming) and agreed to by me (sampling artist) and the sampled artist as to what % of the copyright I'll be sharing with the sampled artist?
Thanks, bruh. I knew this already but apparently a lot of people still don't get it. Good video.
Thanks for the info. Making it easier for producers like myself to create.
Thx. You did a lot and said a lot. There are endless permutations and combinations related to these processes naturally. In the end the rubber hits the road with a lawyer or law firm. :)
Great informative information for music professionals👍
I’m new to this channel this is dope ur dropping gems
My problem is I be asking beat producers do they have samples in the beat so I can try to clear sample but they never respond or they don't let you know where the sample from.
Thanks for all of the info, keep em comin
Ok so say im making hip hop beats and i wanna put them through cd baby, do i have to clear the sample then... Ok i actually wanna know is if i do that what is tge possibility id get in real trouble
I've never gotten samples cleared. I've had several 4 dmca take downs. 2 of which had acapellas from a contest I was in so that was weird.
Finally explained clearly 🙏🏽
Great information! Cleared up a lot for me
You're a legend for sharing this info.
Thanks for the explanation!
I have got one important Question: Im a Producer and havent released Music yet because I am not sure about my Name and I need a producer Tag !!
Now I had the Idea to use * "Aaaaand Snap ! The Job´s a Game" * from Mary Poppins. Am I aloud to do that ???
Probabaly not but idk cause its just so short
No. And it sounds like you're holding yourself back quite a bit.
Thanx for the clear explanation bro.
Last part for me, awesome and thanks !
ok so question, i got a beat off beatstars and in the license i received with the beat it said the 3rd party sample it is to be handled by the licensee. does that mean i clear the sample? or is that something he should have handled? what do i do if i can't get ahold of he producer to even find out where he even got the sample? like is it just a lost cause because i don't even know how to find what song the sample is from.
I produce eletronic music and in the track I'm working on (that I want to publish on youtube & soundcloud) I use just 4 words of an acapella (which isn't an official acapella. In a sens that vocals are extracted from the original song) before the drop. And also some sort of backing vocal in the build up (but it's like a 4 sec loop that is used multiple times and it's really used as a background sound).
So my question is : Is that legal ? (I won't make any money with it that's only for getting feedback and sharing)
Can anyone tell me ? :D
(And please tell me if it's legal or not, instead of if it's risky or safe)
Anto Graph you sound like you speaking of “fair use” as in “for educational purposes only,” or such as “parody” (weird al), these are fair use examples. Problem is for you is it is not “legal” until you have a license from the copyright owner. The copyright owner can sue and force you to raise the “fair use” defense and proceed to test it in court. Obviously if you prevail in court you only lose the legal fees you spent defending your case. If you do not prevail you are out legal fees and whatever damages the court assesses you owe the claimant (i.e. copyright owner). So the best thing to do is get a license or record your own vocals. Even if you have a singer re-sing it, you would need to clear so what I am saying about your own vocals is record something original or like i said get a license. If you believe in the track it should be worth the money 💰.
How can producers lease and make money off a sampled beat that havent been clear? And how do I, as the artist know if there have been samples in a leased beat?
How can beatmakers lease a beat and later sell the lease for exclusive? I don't wanna use the beat anymore.
Exactly, I think the producer should take fall especially when they don’t let the artist know that they sampled. Especially small artist
Can u register a song with SOCAN if it has an uncleared sample?
yeah well cymatics makes sure we don’t worry about this because all of the sample are allowed to be used in our own production whether we decide to profit of it or not. but if i want to profit off a track that has a cymatics sample, i usually change it up a lot so it doesn’t sound like the original but still good
but again I usually like to make my own sound design, i mean...who doesn’t?
Can somebody explain to me what is major placement. Thank youu
@DjPain1 beat stars requires you to mention all the 3rd party samples that you've used. Does this also apply to samples from looperman ?
no samples from looperman are all royalty free meaning you own the copyright to the beat as a whole, it is stated in their terms and conditions
thank you pain that's all I needed 2 know about the copyright of beats with uncleared samples great info
Epic video thank you bro.
If i am putting out beat mixtapes do i need to clear the samples? I am giving it away at datpiff or something of the sort. Thanks much respect. ✌👍😀💀
Any tips for finding the artists and labels for these sample clearances if you're releasing an album and negotiating with them? Are they usually understanding with small no name artists/producers?
Just Another Guy google
makes perfect sense thank you
So can I upload a a song 2 u tube with a sampled beat for promotional use?
Good information
That into .is it a song or beat you have.... would like to listen to it
Thanks for the knowledge. When copyrighting sampled beats, is there a specific way to fill out the forms so that they are valid?
Yes, and I explain it here: czcams.com/video/ym87lUcjLGg/video.html
what if the artist past away... how would you contact them... and how would you clear it.. because im a rapper and a producer
Bill lom if they PASSED away, I believe you contact whomever owns the publishing rights.
Old video, but answered a couple questions.
yo this shit was 🔥🔥🔥 I completely understood without watching any of your other videos. 👌👌
Perfect explanation ✊
How about a video detailing beat mixing... because a basic four instrument beat that's mixed perfectly can GO!!!
💪🏾💪🏾🙏🏾🙏🏾Thanks bro
Bun b said the same thing you said far as sampling on a poor independent label aspect in a red bull music academy lecture
can't get any clearer than that..
You'd have to get clearance to be any clearer.....get it? Just me? ok.
+The Heartfelt Kid that was a (BAR) lol and I mean top shelf too lol
I need to clear out every comment other than these then. All these, "so like if I smapol a songs can't I not resale they?" comments are giving me an aneurysm.
so many things have changed in 2020 quarantine lol but this was helpful
Well, even thought the sample clearance thing was clarified, my worst fears of someone stealing my stuff for non-monetizing purposes was confirmed. That’s a hassle.
Can I sample public domain songs?
When is it safe to sample any song? I meant after how long does a song go to public domain to be Sampled without paying or clearing the samplings of the song?
Likely, When an artist creates something they keep certain ownership rights. But after a certain amount of time these rights expire and their works enter the public domain. That means they're safe to sample.
So what I want to know is, how do I check if the song is safe to sample?
Beat answer: it’s not ever safe
@@DJPain1 So if its never safe, would I face any penalties for sampling a song anyway?
I'm getting too confused now, can we sample songs and sell beats without any clearance, or we shouldn't sample any song if we're not gonna clear the samples?
As I was watching some of your videos about samples, I came across a certain video where you stated, its not really compulsory for a beat maker to clear the samplings, but its on the Artists/Record Labels (Companies/Publishers) to do so when publishing their songs.
So as a Producer/Beatmaker, should I worry about publishing my beats without sample Clearance?
Or would it be okay if I cleared that I used a sample, but I didn't ask or get any permission to sample a portion of that song?
I'm sorry for asking a lotta question, I'm just Curious to know what's right to do.
Thanks for the feedback, highly appreciated 🙌🏾.
Thank you for the clear explanation.
Thank you !
I have this beat that I don’t know if there is a sample it in ....how would I find out? Please anybody??
ray ray find the producer and ask them
I'm a new producer do I need to get a sample clearance for beats that are chopped so well you can't tell what the original song is?
…
Great Video! Now can you make one about clearing samples and copyright infringement? 😂
thanks for the info
People don't respect the art of creating, therefore, they steal and lie. There are no shortcuts in this business. I have been at it for 23 years and read everything i could get my hands on. The tide is turning. Thank God for grace and mercy.
sampling isnt stealing lol
@@gesuno1948 if you don't get permission!
When someone uses an independent distribution company such as cdbaby or tunecore are they considered the publisher or just the distributor?
CutlassBeatz read their agreement
CutlassBeatz their the distributor, you or whoever company are publishing it
So I could take a discourse beat, make a snippet of a music video and my voice over it on Instagram and I’d be fine because it’s technically not released ?
Quick question: Say you are making a beat for a Universal artist to be published by Universal. Will any sample fees be lower if you are sampling songs owned by Universal? I assume there is compensation to the artist which this scenario doesn't help, but the publisher obviously doesn't need to pay themselves for the sample. Could a sample fee be cut from $10k maybe down to $6k if sampling on the same publisher?
dacypher22 possibly if YOU are signed to Universal. but if UMUSIC has no vested interest in you retaining your publishing, you're not even part of the conversation
Oh yeah lol. Dumb question. That is completely logical haha
No, not a dumb question, and I get plenty of those.
+dacypher22 nah dude I was wondering the same thing. I just scrolled down instead of asking in a comment cause Pained seems pretty annoyed with having to repeat himself.
thank you!
I want to use someone's speech in my song do i need to get a clearance for that?
Legal advice doesn't come from the comments sections.
Appreciate you taking the time out to make these videos. Just so I'm ABSOLUTELY clear, if I release free music that contains uncleared samples, and those songs become popular, there is a chance that the copyright holders of the original recordings could take legal action? I feel like you're saying it's unlikely, but the Kendrick case seems like they can get you retro actively if you go on to fame and fortune from future records that were totally legit......What do you think about an artist releasing music with uncleared samples, for free, but relinquishing all publishing equity for those songs, in advance, to the owners of the actual performance rights publishing of the sampled records? Do you think that could quell some of the legal backlash if they blow up? Can you even do that without clearance?
"What do you think about an artist releasing music with uncleared samples, for free, but relinquishing all publishing equity for those songs, in advance, to the owners of the actual performance rights publishing of the sampled records?"
That's like me stealing your TV while you sleep and leaving a contract in its place saying, "You still own it though."
If this is unclear to you, watch my other video about the same subject: czcams.com/video/lehN6PCaaJI/video.html
Alright, will do. Thanks for responding. Only thing about that tv analogy is that the use of a tv ain't makin' anybody any money, lol.... but I know what you mean.
you don't know how publishing works. don't advise yourself on legal matters
No doubt, not saying I do, but I know that if I steal your tv, you don't have it at all, regardless if I claim you're still the owner. I don't think that's the kind of scenario I'm referring to. But that's why I asked if it was even possible without clearance, because you're right, I don't know how publishing works. I'm gonna find out soon, just wanted your opinion. I thought it would be more like me stealing a part of someone's tv to use in the building of another tv, then selling that tv I built and coming back to the person who's part I stole, and giving them all the money I made from my t.v...made with their part. No?.... I'll be sure to contact a proper authority about it before I make that move though.
I just cooked up a dope beat for benny the butcher and I was wondering how do I go about clearing the sample this definitely helps so if I give him the beat the lable has to clear it. But what if he had a INDEPENDENT lable does he himself has to take care of that and does it clear me from any legal liabilities
MBF whoever is running the independent label might want to clear it. ESPECIALLY if they are trying to make money off it.
There’s always agencies you can shoot an email to.
dmgclearances.com/services.php
@@0FLIV bet good look bruh
what about sampling for example a video game scene or a song in the soundtrack how would I go about clearing it?
You would contact the owner and purchase a license to use whatever you sampled
+sontwisted do you have an idea of what price this would be around?
There is no set number it's whatever the owner feels is fair for letting you use their material
👍good need to know info.
(lol) Good look! Still a little confusing but I'ma keep watchin your Videos. Good information ( specific to Hip Hop producers) - Thanks
Damnit I wanted to use a steez interview quote in a song . But I doubt I could get in contact with pro era lmfao r.i.p me
i think u explained it all pretty well in the end. im still curious though so like if u copyright it its cool but what if u never get it published in the future? should you just shelve the beat ?
In other words, if you never release the song, should you continue to not release it?
DJ Pain 1 lol good point. yeah i guess thats what im tryna say in a sense. cause if the beats copyrighted and all and u jsut waiting 4 the publishing part (which never falls through) i guess u can just release it as a general free project
I give up.
DJ Pain 1 i pretty much get it i honestly do. im saying though inbetween time say ur not trying to publish it urself but are hopeing toget another entity to get it publish it....say it never happens then yes you would pretty much have a beat sitting there copyrighten but not published.
agthaog1986 thank you my Brother
cheers mate
I use samples so soundclick won't let me sell beats, so is there another site I could use?
DJKARMATV Myflashstore, beatstars
Tosha Zimmerman thanks man
DJKARMATV No problem
Can i sample a malcom x speech without permission?
That depends who owns the recording of the speech. If it is in the public domain (unlikely but maybe your government owns it and has put it in the public domain) then it is fine to use, though I really wouldn't worry about it. I doubt anyone would ever pull you up on it
Publish /make public /distribute.
Meaning to release via: physical CDs, digital downloads, streams, radio, internet radio, music video, CZcams, etc. UNDERSTAND!!!
thanks well explained :D
Hi! If the sample is from Splice, will it still need to be cleared?
No. Its royalty free. Read all of your licenses.
Thanks for taking the time to get back to me!
Idk if anyone else has said this yet but ASCAP and BMI are performance rights organizations, so while they work with publishers, they themselves have nothing to do with publishing, only the about the legal rights to publicly perform the music
How you should let people know that beat has uncleared samples when u sell leases automatically?
ok, so just include that information in the license document?
@KillezBeatz Production you are the reason pain has to make another video lmao :D
Did you not just watch this video KillezBeatz
jeeeezzzzuuuus
You tell them.....
@DJPain1 if a person wants to lease or buy a beat from u guys website but dont have a debit or credit card, but pays someone to use they're card to lease or purchase a beat, will the person who paid the card holder still be able to use that beat?
so do you actually pay the $85 for every beat you put out for a SR Copywrite?
...no
so I can sample a song and put it out for non profit and its okay?
smh
@@DJPain1 I just wanna know for sure dude taking Lil Peep as an example most of his songs used samples but he could not put it on spotify... Does that mean he just didnt get profit for them? so you can just use songs with samples for fun without getting profit and its fine?
gottcha!!!
watching..
Forever Real Beats me too
I call them beat leaches... lol... they snatch our beats, rap on them, then drop them... if they get hot then they're stuck cause now they gotta come see ME... $$$
Free check..... pay the pod piper
@Sam707BFBC Ya except for the fact that 99.9% of the time it doesnt go viral, the producer never finds out, and your just ripping shit off from people and expecting to make a career out of it lmao
hahahahhaha dont go jumpin out a window bro 😜✌
u da truth
won't be an issue in the Kingdom
$ruined everything! Damn i get making a living but doing this as a passion. but I'd be mad if i paid out of pocket yeah id be mad if ppl took it. but when i did make a mashup & published it for free & even had to pay to access the app that allowed me to create a mashup but i used copyright materials from elton John 🚀 man acopella & mashed it up with fergie rocketman. 8mos to a yr later i heard damn near the same song on my radio show by a popular DJ who will go unnamed. i was not mad tho cuz i had zero rights to anything! I'm more angry at the app that charged me to use it then 1 day updates & bam no longer can we record music that's claimed or not even! Free tracks on sound cloud by unknown name DJs can not be recorded any longer yet the app advertised it and promised ya could if ya paid more$ more! for their fkn premium edition which i got suckered into&guess wtf i still can't do! Record! The only way i can is by converting CDs i own a hard copy of into MP3s & then even must be put on the device n still some tracks will not be allowed to record it makes no damn sense! No one who used this was makin $ off it so idk maybe they got sued id bet& were forced to change their app. which sucks! Especially for the poor. i get the$ need make a living n shit. but$s ultimately toxic! But its not like the music industry is going to defeat the corrupt banking industry smh.
I’m both the Artist and the producer...
Im having a major question:
If I plan on selling a sample pack, do I have to register the samples in tunecore and bmi in order to collect royalties?
If you don't understand solution create your own melodies :)
man that comment section is gold lol
Do artists create anything anymore?
If artists are not creating beats with drummers and percussionists, it just doesn't seem like original music.
So Bro you mean when i Sample a beat but make a whole Different Song i can Not sell IT ??
So the artist has to clear the sample? Whats the point of making abunch beats if the artist isnt rich and cant afford to pay clearance? According to this video the only liable explanation is if youre selling beats to labels with major money behind them.
i dont sell to major labels. I make beats for smaller artists.