KVR Audio

fladd · Post by **fladd** » Tue Mar 04, 2008 12:19 pm

Hi there,

when making a song which uses a vocal sample from another track (one sentence) and I am not planning to sell my song, but only have it as a free download on my page, does the used sample still need to be cleaned?

Regards,
fladd

C00kie · Post by **C00kie** » Tue Mar 04, 2008 4:29 pm

Weather you're asking money or not is not the issue with clearing samples.
You're publishing, so they ought to be cleared.
If your stuff doesn't beep anyone's radar you may get away without it.

I've seen a group putting up cover versions of songs with the disclaimer "FOR PROMOTIONAL USAGE ONLY" for simular reasons. Dunno how that stands up in court.

Polite Company · Post by **Polite Company** » Tue Mar 04, 2008 4:34 pm

C00kie wrote:Weather you're asking money or not is not the issue with clearing samples.
You're publishing, so they ought to be cleared.
If your stuff doesn't beep anyone's radar you may get away without it.

I've seen a group putting up cover versions of songs with the disclaimer "FOR PROMOTIONAL USAGE ONLY" for simular reasons. Dunno how that stands up in court.

I'm not a big city lawyer but I'm pretty sure if it is a straight up cover you are only responsible for giving a proper percentage if you actually make any money off of it. At least in theory.

Spe3D · Post by **Spe3D** » Tue Mar 04, 2008 4:35 pm

It could also been see by the artist in some circumstances as a deliberate act of devaluation - so I would either get clearance from the original artist, or publisher, or not distribute it.

There was a very recent post about W/R writing an article for SOS, about clearance of samples, plus in that thread there was a link to the BBC as well. Might be worth checking that out too

eduardo_b · Post by **eduardo_b** » Tue Mar 04, 2008 4:41 pm

fladd wrote:Hi there,

when making a song which uses a vocal sample from another track (one sentence) and I am not planning to sell my song, but only have it as a free download on my page, does the used sample still need to be cleaned?

Regards,
fladd

This enters the area of fair use, which is protected by law but is vague as to what constitutes fair use. Given that you're not selling the derived work, the worst thing that might, but is unlikely, to happen is a cease and desist letter. In reality, you are under the money-seeking radar, but the sample is obviously copyrighted, so it comes down to how it is used. If you are concerned, you could attempt to have it cleared, but I'd just be more likely to keep a very low profile. This is not legal advice, by the way, so don't quote me.

Spe3D · Post by **Spe3D** » Tue Mar 04, 2008 4:50 pm

http://www.kvraudio.com/forum/viewtopic.php?t=174601

can't find the sos thread, but that has links too

C00kie · Post by **C00kie** » Tue Mar 04, 2008 5:16 pm

This was the SOS thread: http://www.kvraudio.com/forum/viewtopic.php?t=208607
and WTR's original post: http://www.kvraudio.com/forum/viewtopic ... t=#2957571

No further links there me thinks, but I did find this preview:
http://www.soundonsound.com/sos/mar08/a ... e_0308.htm

(anyone please schedule to bump this thread in 6 months when the online article is available for free

)

Clearing samples needed when not selling song?