Tuesday, June 17, 2014

Music Business/Law Tips - "Sample Clearance"

If an artist is going to use some existing music as part of the new song, that is a “sample” and permission is needed. Unfortunately, there is no "standard" sample situation. Its case by case depending on who the artist and songwriter is being sampled, who the sampler is, how long the sample is/how much its used and if it’s the hook or not, who the sampler’s label is vs. self-release, etc. The only way to know if one can get permission and what the splits will be is to contact the label that owns the master being sampled and the publisher that controls the song being sampled (there are 2 clearances needed for most samples). Once they hear and it and evaluate what they want/is fair, they propose a split and the sampler will either go with it or negotiate it. It can actually be a pain and expensive to sample as some samples require to pay an advance up front and often its takes forever to get the approval which can screw up a release schedule. Note, there are some clearance houses that can clear samples and make the process easier (but they charge a fee). Ben McLane Esq Benmclane.com

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