RE: Copyright/sample/permission question
2008/05/25 13:28:56
(permalink)
I try to avoid using samples if I can get away by recreating things, so people can't claim I've used a sample without clearance. Yep it's more time consuming BUT you don't owe anyone anything then.. unless it's blatantly / obviously plagiarised
theres a new industry that grew up regarding clearence . Even for ONE second , people can reverse things back to their original state to prove it's lifted from elsewhere.. Ask moby, someone well known lifted a 1 second sample of one of his song, and got caught out.
I've had my voice sampled without my permission and used in a tune, one of the people in that band I have a lot of time for, if it was just the other guy on his own, I'd have taken it further.. but the way it was used in the tune itself was creative. I find it funnier he doesn't that he sampled me talking without my permission and thinks I've never sussed out he did it.
If you can't re-create it and it's not obviously plagiarised, then approach the people behind it. production company or whatever.
it depends on how much of a sample you want to use, is part of it.. a lot will come to a % deal , since you obviously can't tell how much a tune will sell. Very few will go for a total buy out fee if they have any sense.
I avoid sample cd's which have small print basically saying "if you get sued for using are sample cd, your on your own".. you assume the sample makers have checked 100% that their sources are legit.