Most of us don’t have several grand lying around for licensing purposes. This simple fact has produced a precedent in law whereby generally people won’t bother you if they know they can’t get anything from you. But, as soon as you get successful they’ll take you for all they can. This means that, if you’re gonna sample something, make it obscure and unrecognizable. Sample simple chords or notes, or single drum hits. Those things aren’t enough material to be considered a musical motif, and therefore probably won’t be liable with regards to publishing (only with regards to the recording… which still seems like a stretch to me). Change the pitch. Slice it up. Distort it. Do SOMETHING so that it won’t catch the ears of someone who has deep pockets and a grudge. Don’t pull an MC Hammer or Vanilla Ice and sample a song outright without paying up. Generally, if the bit you’re sampling is the hook of a song, it’s not a good idea because it constitutes a considerable portion of the value of the original composition. (Shhhh. If you are using a sample that is not recognizable, don’t declare that it is a sample in your liner notes as this will surely indicate that you consider it a significant usage, which will cause legal hellhounds to descend upon you.)
Posted on: Sat, 27 Jul 2013 13:00:01 +0000
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