For one, it can cut down on production time. Time is of the essence in most recording situations these days, as more time in the studio generally means the need to spend more money. Plus, if you need to make a new beat, you must start from scratch. Two, a sample can evoke nostalgic feelings in listeners. This is beside the point if the sample is too old or not widely recognized. And, in some cases, producers still use samples from songs that are lesser known because it nevertheless evokes the right mood or feelings for the song.
Three, duplicating the feel of a specific segment of music can be tricky. Generally, samples contain two copyrighted works — the underlying composition and the recording.
The underlying composition refers to the song itself, which is owned by the songwriter or publisher. The recording is owned by the artist or record label. As already noted, you need permission from both the owner of the composition and the recording. Once approved, you will need to enter into a sampling agreement with the copyright owners. Fortunately, this is not hard to get, as you can obtain the license through Harry Fox Agency.
Again, offer as much information as you possibly can, as this will increase your chances of success. You may be asked to present a demo, so be prepared. This is going to depend on two factors:. So, the cost of the sample is going to be determined by how much value the owners of the composition and recording place on it. There is no standard rate across the board. And because the doctrine provides a defense to a claim of copyright infringement, you would bear the burden in a lawsuit to prove that your use was fair.
Courts decide fair use cases on a case by case basis, after considering four factors:. Also, keep in mind that you can only invoke the fair use defense if you obtained the copyrighted work legally.
If you illegally downloaded a song, that by itself is infringement even before you sample it. And even if you establish fair use and the court rules in your favor, lawsuits are expensive. Worse, if you lose, the damages are potentially substantial, especially if the copyright is registered. If you want to sample an existing work, you need to obtain permission from the copyright holder. If you plan to use a particular recording of a song, you are probably dealing with two separate copyright holders: the label that recorded and released the song and the publisher or songwriter who wrote it.
You can search the Copyright Public Records Catalog from onwards online to find out whom to contact. The copyright holders may choose to give you a license to use their work but they are not obligated to.
If they do so, they will likely charge you a fee. It may be a flat fee for a one-time, limited use or it may be an amount based on the number of copies of your work that you plan to produce and sell. Your own creative work is entitled to protection. Preserve your rights by registering your copyright with the U.
Copyright Office. Consult an online service provider to get started today. This portion of the site is for informational purposes only. There is generally more than one owner of copyright in any given musical track.
The composer who wrote the music owns copyright in the musical works. The lyricist who wrote the lyrics owns copyright in the literary works. The artist who performed the music owns copyright in a sound recording of their live performance. Finally, the maker of the recording typically a record company owns copyright in the sound recording.
The copyright owners the owner of the musical work and the owner of the sound recording respectively have a number of exclusive rights, including the right to:. Are there any exceptions to copyright protection? However, this does not extend to using the song as a sample, even if you acquired the music legitimately. As a practical guide, you should:. So if the section of the work you want to use is recognisable you will require permission to sample it, irrespective of how small or large it is.
The purchase of a CD only gives you the right to own the physical disc, to play it privately, and to pass on the same physical disc to another person. However, this does not extend to use of the music as a sample or to adapt the songs.
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