Sampling copyright question

[invisibled]

Hey All,

I've got a sample in a new release i've made that has interest from a label, the problem is that I'm not sure if I can use the main vocal sample in the song. The song in question is the third track here: http://www.komuso.com/albums/albums.pl?album=662

So as you can see, the recording is registered under electra in 1976. So i've sent their licensing department an email about it, and i've googled the topic to see what i can figure out but I don't have any definite answers yet... still waiting on an email from electra.

Can anybody tell me with certainty that I can or can't use this sample? I'd love a good resource on copyright law for this sort of thing. Also, in this situation, would it be american copyright law that is in effect? As the recording was made (and probably registered) there.

Thanks all!

[Hircine]

that's something the label should be worrying about. chances are they would never find out if you didn't email them.

[invisibled]

well that's the thing... the label brought it up, they are looking into it too, i just figured i'd do my due diligence. The label doesn't want to release an uncleared sampled so that's why I contacted electra already. if i can't get it cleared i'm going to have to change it... which isn't the end of the world but i'd like to move on from this ep hah.

[Soulstep]

Might help
http://www.soundonsound.com/sos/mar08/a ... e_0308.htm

In the normal course of events, when permission to sample is given there will be a fee for the privilege. The value of a sample, as well as the method of payment, will be determined by a range of factors, including:
The notoriety of the original record and prominence of the sampled work in the new record. Puff Daddy’s ode to Biggie Smalls, ‘I’ll Be Missing You’, sampled the worldwide Police smash ‘Every Breath You Take’, thus sacrificing £500,000 in publishing royalties to its author, Sting.
The likelihood of your success with your record. The territory, format of distribution, status of the artist and marketing spend all affect how your new version will be perceived, and therefore how much you’ll be charged for the sample.
Contrary to popular myth, samples aren’t billed on a per-second basis like some phone calls — nor are they free when under three seconds long. The overall impact of the sample, together with all relevant commercial factors, means that each sample is evaluated on a case-by-case basis.
For the dance producer looking to issue a limited self-release, it’s best to obtain a buy-out of all rights in the sample for a one-off flat fee. This would allow the producer to release the record and not incur further expense were the track to be picked up by a major label or licensed on compilations worldwide.
A major artist will be able to charge top dollar for the right to sample their work. They’ll probably expect an advance payment running into thousands of pounds, as well as future royalties of approximately 1-5 percent on every record sold. These additional costs should be factored into your budget for the release.
Similarly, a stubborn or opportunistic publisher may demand 50-100 percent of the publishing income for the privilege of using their words or music.

chances are they would never find out if you didn't email them.

[eyeatus]

you could get a local singer and re-record it

[dickman69]

no they can come & take ur house & put ur mom in jail

[invisibled]

you could get a local singer and re-record it

haha trust me i would if i could...



Thanks guy's i'm going to wait to see if the label ever get's back to me... but i may just end up changing it to something i do own the rights too. Thanks!