Monday, August 14, 2017

Music Business/Law Tips - "Sampling Issues"

With all the new low cost digital devices/technology, sampling music has become more prevalent (and harder to detect). However, producers/users have to realize that unauthorized sampling - even of small sound bites - is generally considered copyright infringement. One can try to argue fair use or minor use as a defense, but why even take the chance (and with music recognition software like that found on YouTube eventually the sample will probably be discovered). It's always best to approach the owner of the original sound recording and/or the underlying composition (as applicable) and send a written request asking permission, or work out a "split" agreement whereby everyone involved with the new work that incorporates the sample can get paid (or instead use pre-cleared samples or search for Creative Commons licenses). If the project is low budget or indie, maybe the user can get a free or low dollar "festival use license" with a contingency that if the song takes off he/she can pay a more standard sample fee later. Ben McLane Esq

1 comment:

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