Getting Permission for Sampling Others' Work
by
Attorney Richard Stim
Failure to get permission when you sample an outside source could lead to serious consequences.
If you use samples in your music you've probably gotten the message by now: Whenever you sample an outside source, you need to get legal permission for your usage, if you're planning to use the audio in your commercially released music. Failure to get the proper permission could lead to serious consequences. Not only could you get sued, but you might not be able to distribute your music to the public at all.
The process of getting permission from the owners of the sampled music is referred to as "sample clearance." When you sample music from a pop recording, you'll need two clearances: one from the copyright owner of the song, who is usually a music publisher, and the other from the copyright owner of the master tapes, which is usually a record company.
When Sample Clearance Is Required
In general, sample clearance is required only if you're planning to make copies of your music and distribute the copies to the public (it's not required for sampling at home).
Use of samples in live shows usually poses no problems either, since you're not making copies and the usage will be covered by the blanket license fees the owner of the venue pays to performing rights organizations such as Broadcast Music Incorporated (BMI) or American Society of Composers, Authors, and Publishers (ASCAP).
There are also a few instances when you may legally sample without permission even when you plan to distribute copies to the public: when you sample an inconsequential amount of material, when an average listener would not notice the similarities between your end product and the sample, and when your use of the sample falls under the "fair use" doctrine. For more information, see "Defending a Lack of Sample Clearance," below.
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