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Music Samples Need to be Cleared Before Use
Author: Scarinci Hollenbeck, LLC
Date: January 10, 2014
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Many songwriters and musicians create original music, but there is also the option to use a music sample of a previous song and make it their own.
For example, Eminem recently sampled Billy Squier’s ‘The Stroke” for his song Berzerk.
However, legal troubles can arise when samples aren’t cleared, which Kanye West recently found out the hard way. Ricky Spicer, who sang the vocals on West’s hit song ‘Bound 2″ claims the rapper used his vocals without permission.
To avoid any type of lawsuit, musicians needs to take the necessary steps to clear a sample. First, all the information about the song needs to be gathered, including the name of the original composition, the composer, the artist performing and the record level.
The second step is to prepare the new song with the sampled music. Once it has been finished, the song and the required paperwork need to be sent to the copyright holders of the sample. It is also recommended to send a copy of the original song so the copyright holders can compare both works.
If the artist is sampling the master recording, he or she will need to clear it with the record label and publisher. If it is just the music composition, clearance only needs to be obtained by the publisher.
When the parties agree to allow an artist to sample the music, it is time to begin to payment negotiation. It would be smart to have an entertainment attorney present during this time so all the legal aspects of the agreement are understood. Generally, payment is a flat fee, rolling fee or ongoing royalty.
Musicians will likely continue to sample music until the end of time, so this will be an ongoing issue in the entertainment industry.
- Industries: Entertainment & Media
- Locations: Red Bank, NJ, New York City, Little Falls, NJ
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