Well, the publisher is apt to want an advance think of it like a clearance fee which can run you anywhere from a few hundred to several thousand dollars or more, PLUS a percentage of all revenue generated by the song. The above scenario assumes you received a reply from the copyright owners in the first place. No wonder lots of myths and misinformation get spread around this complicated issue. One of those common myths is this: you can legally sample a copyrighted song without permission as long as the sample is shorter than 6 seconds, or 11 seconds, or 15 seconds….
Copyright is copyright. More people than ever before have access to affordable recording and sampling tools. So, could you just include some samples on your next album or single without clearing them? But what happens if your track starts getting airplay or becomes a hit on YouTube? This means that artists need to have a contract for a song's words, music, and melody—all of which are covered by the publishing license—and also one for the specific recording being sampled.
In many cases, these licenses involve contacting the same artist. Sometimes artists know exactly what song they're sampling, and have a solid idea of who they need to reach out to for clearance. However, that's not always the case. Producers might sample a song from YouTube or SoundCloud without knowing its origins, and have it unwittingly end up on another artist's tune.
When a sampled song has multiple songwriters—who often are represented by multiple publishers—or when a track being sampled doesn't have the same songwriter and performer, clearances are also complex. Kuge also cautions that even if an artist gets verbal consent to use a sample say, from a friend , that's not good enough in a court of law. On top of these fees are back-end costs associated with royalty splits—in other words, the percentage of future royalties a sampled song's publisher is taking in exchange for approving the sample.
Though Mannis-Gardner notes that her dedicated music-rights clearance company sometimes handles securing clearance rights without the input of a lawyer, she often works in tandem with attorneys and paralegals such as Jensen when negotiating deals. Jensen stresses that artists who do get a lawyer should get an experienced music-business attorney to look over agreements.
For example, he says major labels and publishers issue standard legal forms, but indie labels and publishers, who might not deal with sample clearances as much, might not have paperwork that's as clear-cut or legally airtight. Clearing a sample doesn't give artists carte blanche to use the song anywhere and everywhere, especially if the approving body is a major label or publisher. They'll probably give you the right to include it on one MTV-style promo video," Jensen says.
If you want to use it in a film or TV show, you'll have to get another approval. Anything and everything you can imagine where it might potentially be used, you're going to have to seek approval again. Mannis-Gardner echoes this scenario; in fact, her company asks to clear a sample for "all audio configurations in perpetuity and worldwide," and not for "all media," since she says the latter just usually isn't approved, especially with majors.
Working with independent labels can be different, however, she adds: "Sometimes they don't want you to come back and they want to include it all in the deal. Or bury it in the mix. This basically just means making your sample an entirely new thing. Sure, the original sound is in there somewhere. Doing this can be a bit dicy. So make sure you really change it up. They take the stress out of clearing samples. Clear Your Sample — If all else fails and you just have use that perfect copyrighted sound you can clear your sample with the owner.
When someone writes a song the songwriter or publisher owns the rights. The same thing goes for recording a song. The recording is usually owned by the artist or their record label.
To clear a sample you must get permission from both owners and enter into a sample agreement. Usually a very expensive endeavour. Your best bet is to stick to the royalty-free sample methods I mentioned above. So dig long and hard. Knowledge is power. Snatching the Needle from the Haystack Now that you know where to find good sample material you have to start listening in a different way.
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