Whether a recording artist is trying to pay homage to a favorite musician or simply like a song and want to make it their own, sampling past music for their own use.
Before releasing the music commercially, artists need to be sure that they get legal permission for sampling another artists music – or else they could end up being sued and prevented from releasing the music to the public, as there is an entertainment law protecting music.
Sampling clearance is needed to avoid legal issues, as this means artists got the permission to use the other musician’s song. Music needs to be cleared with two parties to be legally cleared: the person who owns the sound recording and the song publisher. Without permission from both parties, an artist could be sued if the sampled music is released to the public for commercial reasons.
Robin Thicke – singer of the hit song “Blurred Lines” – is currently facing a lawsuit from Marvin Gaye’s children, who claim Thicke allegedly ripped off their father’s song “Got to Give It Up.” Thicke and the other parties who worked on the song filed a countersuit asking a federal judge to rule that Blurred Lines was not a copyright infringement.
There are situations when sample clearance isn’t required. People who just use the music at home generally don’t need to go through the process of clearing any samples. Also, artists who only use sample music in live shows may not have to get the sample cleared. Musicians may also be safe if the average listener would be unable to notice similarities between the product and the sample.
No matter the case, musicians who plan on sampling music in their work should err on the side of caution and seek the advice of a Scarinci Hollenbeck attorney to avoid any unwanted legal headaches.
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