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A basic primer on the legal basics of music sampling. I am not a lawyer - feedback is appreciated so this can be updated. Presented as part of Paris Audio Meetup - http://www.meetup.com/Production-Musicale-Paris/
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Music Sampling : Dancing the Legal
DanceCC BY-SA
When can I remix a song ?
When can I use samples ?
This leads us to :
What are the rights associated with a song ?
WARNING
I Am Not A Lawyer
What are the rights associated with a song?
Publisher’s rights
Master rights
Publisher’s rightsThe copyright of the song in composed form
Written / notatedTypically the "score", the lyricsExample : New Order - Bizarre Love Triangle
Master rightsA particular recording of a composition
Example : Nouvelle Vague - Bizarre Love Triangle
It can get complicatedFor current music, there is often more than one rights holder, for publishing rights and master rights.
There are also such things as producer’s rights, sound engineer’s rights, etc.
…..
Is the song copyrighted ?EU / US - Copyright is automatic upon creation
No need for a declaration / formal submission of material to copyright song
Can formalize different copyright holder than creator
Generally copyright is held by creator until 70 years after creator's death (!)
Often artists estates / publishing companies / recording companies maintain copyright
How do I get rights ?You typically need permission for both types
Publishers rightsMaster rights
You need permission for formats & domainsCD vs digital downloadEurope vs US vs world
Rights holders negotiate ownership (income) in return for permission to use sample
Who ? Where ?US : ASCAP, BMI, SESAC ….
UK : PRS, ….
FR : SACEM, ….
Labels
Artists
UGH
Trend : Cover songsGet publishers rights for "mechanical
reproduction"Getting permission to make a cover song
ORRecreate the sample you want, without original
recording
You do not need master rights…
Check out Limelight for simple mechanical rights (cover song) clearance (rights for US market only!)
Other optionsSample packs
Public Domain
Creative Commons
Sample packsPurchase sample packs of pre-fab music
Typically not of recognizable hits
Useful for "musical" elements, but not "remix" impact
Public domainTypically old sound recordings, or recording with
no clear ownership
Warning : not knowing ownership does not protect you! "I thought it was public domain” does not work
Creative CommonsAlternative, self-identified licensing
Typically no prior "permission" request requirement as long as you follow license "usage"
Different CC licenses can limit usage, formats, but lots of optionsOK to change for creative interpretation vs use "as
is"Use but not for monetary gainMust attribute original…..
SO
When can I use samples for my music ?
Legally - need permissionSubmit requests for rights, negotiate fees /
ownershipOR
Sample packOR
Use "public domain" materialOR
Find "Creative Commons" licensed material
When can I legally remix a song ?When you have the permission / rights
Permission - e.g. remix contestsYou will almost never have any rightsOnly income (if any) is prize money or contract - no
income from royalties (even for pros)You get recognition....
When can I legally remix a song ?When you have the permission / rights
Rights - via negotiation / purchaseSee whole process above
Sometimes independent artists / smaller labels are easier to convince / deal with
When can I use samples for my music / remix a song ?
Illegally?….
Any time you want
Did I mention it's illegal?
Do you notice a lot of people are doing it?
Did I mention it's illegal?
Illegal Bootleg samples / remixes
Strategies :Use it to get noticed, not to make money
Don’t sell bootleg remixesBootleg remixland is a place to visit, not to live….
Bury / hide / transform the sampleUse obscure samples
Illegal Bootleg samples / remixes
The more people notice your bootleg remix (good)
… The more people notice your bootleg remix (bad)
The more popular you get, the more interesting it is to go after you for money
Did I mention it's illegal?
Additional topics
Live performance rightsYou need a license to perform a cover song!
Typically, it is the venue (club, performance space, etc) that secures a general license
A lot of people play cover songs anyway… If you’re a small band, probably ok. If you get a big following, less ok.
Recorded music playback rightsAny venue that is playing music – even in the
background on a radio – should have a license to “broadcast” that music
Additional resources
http://www.themusicbridge.com/clearance-and-license/all-clear-a-music-clearance-primer/
http://blog.discmakers.com/2010/08/sampling-safely-a-primer-to-avoiding-lawsuits/
http://suebasko.blogspot.fr/2010/12/music-samples-how-to-use-them-legally.html
http://diymusician.cdbaby.com/2010/07/licensing-cover-songs/
http://www.prsformusic.com/SiteCollectionDocuments/Copyright/Copyright_Law_Introduction.pdf