Sampling - With / Without Clearance - What are my chances?

[Low]

Hi Everyone,

This has been bugging me for a while now. A tiny, tiny record label wants to put one of my tracks exclusively on Beatport. I have a problem and need some advice!

The only thing is, it has a sample from James Brown's 'I Got You (I Feel Good)' ... Not exactly the least-recognisable song out there.

Now, this label assures me it is 99% positive that it has released sampled works before and they haven't been caught, possibly because it is such a small, new label.

I just wonder what my chances are of getting a letter through my door from the late James Browns solicitors! It's only on Beatport and I doubt it will get heard by enough people to warrent someone from his label hearing it.

The songs here is you want to see if the vocal is too risky but really really need some advice from someone in the know.

http://soundcloud.com/lowmusicuk/you-extended

Thanks a lot

Tom

[antwone]

The label is right....in 99% of cases you won't be sued by anyone....I personally know few producers who sampled anything and their tracks are on the top 10 of beatport or traxsource (even some Prince samples....you know what I mean). Usually big labels don't have the time and interest to find unauthorized use of their music unless the new track gets a lot of success, expecially $$$ wise...!! (not that frequent with underground music)

There is that 1% that probably won't make you sleep weel in the night...but I think you should go for it...just remember to modify your samples to be a little more safe (pitch it down/up, reverb it, distort it, cut it etc...)

[Low]

Thankyou Antwone you have made up my mind and confirmed what I already thought. It is such a small company I cant see JB's record companies ever hearing it, and if they did, would they reeallly take a Belgium Record Label to court over such a small, unprofitable song!

I have pitched it down a bit with some reverb and it is put down in a different order to the original.

Thanks again Antwone!

[Damian_S]

Its only likely to be an issue if the track sold 1000s of copies, meaning a percentage of the profits would be worth pursuring through the courts. Thats all they can get, assuming they find out about it.

Btw its probably you that will be liable for hte unlicensed sample and not the record label therefore they dont care anyway (check the contract but Im pretty sure most labels cover their backsides by passing the buck to the producer).

[Mikki Funk]

Like most of the other responses, I agree that unless your track gets incredibly well known, and starts generating a large amount of profit that the original sample's label or producer might want to cash in on, then you will be fine not getting it licensed. The way I see it, much of the earlier house or garage was based on sampling other stuff, and lots of these samples weren't cleared.

The only time you might have a problem is if you use an instrumental or acapella in it's entirety, all the way through a track, otherwise, you should be fine

[Low]

Cheers guys!

I managed to pursuede the label to take responsibility and they have re-written the contract anyway

So... woo!

Sorted!

[martino]

Its only likely to be an issue if the track sold 1000s of copies, meaning a percentage of the profits would be worth pursuring through the courts. Thats all they can get, assuming they find out about it.

Btw its probably you that will be liable for hte unlicensed sample and not the record label therefore they dont care anyway (check the contract but Im pretty sure most labels cover their backsides by passing the buck to the producer).

This second paragraph that Damien wrote is important. Usually, you will sign an indemnification clause - which means that if they have to go to court for any reason surrounding your track, you'll be the one that pays, not them.

JB himself wasn't suing anyone for the millions of samples that were used of his music. Not sure if that's still the case since his passing.