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Subject: Sample clearance for everyday sounds

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Original Message 1/6 04-Jul-07 @ 06:37 PM - Sample clearance for everyday sounds

joegornall

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Hi there,

Im sure this has been discussed to death before but I couldnt find much!

Do you need clearance to use any copied sample whatsoever? Im talking mainly about little drum hits/hi hats etc and particularly kick drums. If I sample a kick drum from a record, how can it be proved where it has come from? Is there anything you can "get away with"?

Thanks

Joe

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Message 2/6 08-Jul-07 @ 01:20 AM - RE: Sample clearance for everyday sounds

soup

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The only recordings you can sample legally without needing a license are those in the public domain either because they are old and the copyright expired or because the artist explicitly put the recording in the public domain ... if you're interested in how fucked up intellectual property law is for artists check the link ... but if the sounds you want to sample are that everyday why not record some (kick drums) yourself?

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Message 3/6 08-Jul-07 @ 06:09 PM - RE: Sample clearance for everyday sounds

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i think legaly the sample has to last a cerain time doesnt it? which i think excludes single hits.. could be wrong but how the hell anyone can tell a kik in a track from another record and then actualy prove it is the sample rather than a kick which sounds the same is beyond me.

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Message 4/6 08-Jul-07 @ 06:54 PM - RE: Sample clearance for everyday sounds

soup

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The length of the sample doesn't matter legally. The easiest way to phrase it is, it is illegal to sample from other people's recordings. Now I don't think anyone has been sued for using a kick yet. I remember hearing that Zigaboo Modeliste from the Meters was trying to sue cats for using his snares but I don't think he got very far with that. So you can probably "get away with it" but remember that tons of cats got away with sampling 2 bar loops until the folks who own the masters started suing them and winning. Now I'm not trying to discourage sampling from records, I do it all the time but...

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Message 5/6 09-Jul-07 @ 02:58 PM - RE: Sample clearance for everyday sounds

joegornall

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OK, thats what I was kind of thinking and hoping. Im guessing they would have to do some kind of frequency analysis or something which surely on a hihat or a kickdrum is gonna be difficult to tell apart. Besides, in order to spot it in the 1st place would take some hellish set of ears!

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Message 6/6 09-Jul-07 @ 07:35 PM - RE: Sample clearance for everyday sounds

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and your track would have to be number 1 in many territories i expect for someone to take that much notice in a snare sample

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