4 ms·

doesn't all music sampling rely on the fact that creating derived works without permission is completely legal?

by motles 11y ago

a_bonobo 11y ago
To use a sample you have to get a license from the original artist: >Today, most mainstream acts obtain prior authorization to use samples, a process known as "clearing" (gaining permission to use the sample and, usually, paying an up-front fee and/or a cut of the royalties to the original artist). Independent bands, lacking the funds and legal assistance to clear samples, are at a disadvantage - unless they seek the services of a professional sample replay company or producer. https://en.wikipedia.org/wiki/Legal_issues_surrounding_music_sampling https://en.wikipedia.org/wiki/Legal_issues_surrounding_music...
mcav 11y ago
A sample could fall under fair use.
- laumars 11y ago
  It doesn't. Sampling is technically illegal. However the bootleg market is often too small to go noticed and larger artists get authorisation before sampling (or at the very least - releasing). You do often see some artists turn a blind eye to sampling though. Particularly dance artists because many of them know their entire genre exists of the back of sampling. So it would be counterproductive / hypocritical for them to chase after royalties
  - decode 11y ago
    It's not quite that clear-cut: Sample clearance is generally not required if: - You are just using the sampled music at home. - You are using the sample in live shows. This is because, usually, you are not making copies and the owner of the venue pays the blanket license fees to performing rights organizations such as Broadcast Music Incorporated (BMI) or American Society of Composers, Authors, and Publishers (ASCAP). - You plan to distribute copies to the public but meet one of the following: (1) an average listener would not notice the similarities between your end product and the sample, or (2) your use of the sample falls under the "fair use" doctrine. For more information on these, see "Defending a Lack of Sample Clearance," below. http://www.nolo.com/legal-encyclopedia/permission-sampled-music-sample-clearance-30165.html http://www.nolo.com/legal-encyclopedia/permission-sampled-mu...
coldtea 11y ago
Was that ironic? All music sampling of commercial works is illegal without a license. Even a non-recognisable 2 second snippet, if spotted, can get you huge fines.
7Z7 11y ago
Sampling without permission of the author/copyright-holder(s) is not remotely legal.
PepeGomez 11y ago
Sampling isn't legal anymore.

doesn't all music sampling rely on the fact that creating derived works without permission is completely legal?

by motles 11y ago

doesn't all music sampling rely on the fact that creating derived works without permission is completely legal?

To use a sample you have to get a license from the original artist: >Today, most mainstream acts obtain prior authorization to use samples, a process known as "clearing" (gaining permission to use the sample and, usually, paying an up-front fee and/or a cut of the royalties to the original artist). Independent bands, lacking the funds and legal assistance to clear samples, are at a disadvantage - unless they seek the services of a professional sample replay company or producer. https://en.wikipedia.org/wiki/Legal_issues_surrounding_music_sampling https://en.wikipedia.org/wiki/Legal_issues_surrounding_music...

mcav 11y ago

A sample could fall under fair use.

laumars 11y ago
It doesn't. Sampling is technically illegal. However the bootleg market is often too small to go noticed and larger artists get authorisation before sampling (or at the very least - releasing). You do often see some artists turn a blind eye to sampling though. Particularly dance artists because many of them know their entire genre exists of the back of sampling. So it would be counterproductive / hypocritical for them to chase after royalties
- decode 11y ago
  It's not quite that clear-cut: Sample clearance is generally not required if: - You are just using the sampled music at home. - You are using the sample in live shows. This is because, usually, you are not making copies and the owner of the venue pays the blanket license fees to performing rights organizations such as Broadcast Music Incorporated (BMI) or American Society of Composers, Authors, and Publishers (ASCAP). - You plan to distribute copies to the public but meet one of the following: (1) an average listener would not notice the similarities between your end product and the sample, or (2) your use of the sample falls under the "fair use" doctrine. For more information on these, see "Defending a Lack of Sample Clearance," below. http://www.nolo.com/legal-encyclopedia/permission-sampled-music-sample-clearance-30165.html http://www.nolo.com/legal-encyclopedia/permission-sampled-mu...

coldtea 11y ago

Was that ironic? All music sampling of commercial works is illegal without a license. Even a non-recognisable 2 second snippet, if spotted, can get you huge fines.

7Z7 11y ago

Sampling without permission of the author/copyright-holder(s) is not remotely legal.

PepeGomez 11y ago

Sampling isn't legal anymore.