Possible Sample Clearence

[mmuser]

Hi,
I would really appreciate it if you could help me with this..
I received this message in Pond5’s mailbox by a cinematographer:

Subject: Possible Sample Clearence
Hello,
Your work is phenomenal and a great source of inspiration. I love this track and I was wondering if you did sample clearance, and if so how much would that cost?
Thank you for taking the time to read this.

To be honest i didn’t have any idea about what “sample clearance” is. I googled some information but i’m so unfamiliar with such things.
Could someone help me about the procedure that i have to follow in these cases?
-What information would be good to ask?
-How do i do the “sample clearance”? I suppose that i have to give him a permission for using the track, but how do i do this?
-A general view of the cost for something like that? (i assume it depends on many factors but i would appreciate a general estimation)

Some information:
The track is uploaded in Pond5 and its price is 70$.
Genre: Cinematic/Classical Waltz
Orchestration: String Orchestra, Violin, Cello, Piano,Guitar, Accordion, Percussion
Duration: 3.29
It was recorded in a high-end studio with real instruments (i made the violins and cellos parts with overdubbing, using one violinist and one cellist)

I also visit his site and i saw his high quality works and a big portfolio as a director of photography in (short) films, commercials, documentaries etc.

I would be grateful for any help..

[Musicmatters]

Hi mmuser,

In my opinion, since you have not used any samples in this track and it was made entirely with live instruments, you do not need a sample clearance. Sample clearance is sometimes required when you use sample libraries. Most sample libraries have a disclaimer for allowed usage. I hope that helps. Best of luck

[BEATSLINGER]

Some information:
The track is uploaded in Pond5 and its price is 70$.
Genre: Cinematic/Classical Waltz
Orchestration: String Orchestra, Violin, Cello, Piano,Guitar, Accordion, Percussion
Duration: 3.29
It was recorded in a high-end studio with real instruments (i made the violins and cellos parts with overdubbing, using one violinist and one cellist)

I think the cinematographer is simply trying to find out if “any samples have been used”.

If it is an “Original” piece of music that you have real instrumentation on, just let him know.

I would also check and see if he is looking for something “Exclusive” and was looking to “Buy out the track/composition, and cover your original recording costs..”

[mmuser]

Musicmatters, BEATSLINGER …Thank you very much for your fast replies!
I thought that he was asking me if it is “Cleared for Sampling” or something in order to use a part of the track in another musical work..but in the other hand as i read in the article bellow “…this applies mostly to sound effects, loops and samples.”
Any way, may be he is the only one that can make it clear for sure..

“Cleared for Sampling” (from Pond5)
https://help.pond5.com/hc/en-us/articles/200944173–What-Does-Cleared-For-Sampling-Mean

[mmuser]

..this phrase is what confuses me :
“….and if so how much would that cost?”
Because he already had found it in Pond5 (he sent me the link of the track)

[BEATSLINGER]

..this phrase is what confuses me :
“….and if so how much would that cost?”
Because he already had found it in Pond5 (he sent me the link of the track)

I’m not sure on this one, because I haven’t used any “samples except my own”. I am “now starting” to use some samples in my workflow to save time programming, but I make sure to read ALL of the terms of service, and granted rights for usage without having to receive a clearance from the company.

Was it something that was “watermarked, or has a electronic fingerprint attached to it?” Keep really good records of what/how you sample, and make sure you can go back and take a look at their terms of usage!!

[mmuser]

Was it something that was “watermarked, or has a electronic fingerprint attached to it?”

No.. They only watermark was that of Pond5 in the track

[BEATSLINGER]

Hmm, does it “sound similar, or can you hear something that could have possibly infringed upon YOUR original composition?”

Also, some electronic fingerprints/ID’s cannot be heard.

[LAwriter]

It’s a bit difficult to completely understand the original intent of the client and I think additional info is needed, but as a possible side note and warning :

In Pond5 speak :

“Cleared for Sampling” if selected when you input the track means that the end user who licenses the track can use it to create their own musical work. They can rap over it, put a vocal w/ lyrics on it, etc.. Essentially, you’re giving away the rights to your music without consent of specific usages.

Beware!!!!!!

[mmuser]

BITSLINGER There is an intro (with something like a lo-fi effect) that sounds like an old gramophone recording . But this is part of my composition and appears in the track later too (without effect). Well I’ll make a discussion with him and I’ll be back.

LAwriter you are right! I had underestimated it in the first place

I really appreciate your help!

[MichaelL]

“Cleared for Sampling” if selected when you input the track means that the end user who licenses the track can use it to create their own musical work.”

I agree with LAwriter here. The client appears to be asking if you would clear the track for sampling and, if so, how much would you charge? As LAwriter states, that would indicate that the client wants to do more than simply edit your track to fit his project. I would ask very specifically what his intent is.

[jdt9517]

Along the same lines, for the live musicians, did you get performance waivers from them? The performers can sometimes claim royalty rights from the performance.

[Michael Nickolas]

I agree with LAwriter here. The client appears to be asking if you would clear the track for sampling and, if so, how much would you charge?

I agree also.

[mmuser]

Finally, this is the meaning:
“I was asking if I could sample the track for another musical composition. Is it available for this use? “

My answer will probably be negative or an (extremely) high cost for this, though i don’t know what could be considered as “high”.

[MichaelL]

Finally, this is the meaning:
“I was asking if I could sample the track for another musical composition. Is it available for this use? “

Pretty much what I thought. What he intends to do with the new musical composition (derivative work) weighs heavily here. You are still the copyright owner for your portion of the new work. If, for example, he intends to sell his version of your track in addition to a license fee I would ask for a percentage of sales calculated on the percentage of the new track which is based on your composition. Essentially, you are co-writers in the new work. Other things to consider would be if the new composition might potentially be competing against your composition and if the new composition might trigger copyright notices on the videos of people who licensed your track (if he enters his track into Content ID, etc). If you decide to accept his offer get it all in writing, including fee splits and copyright ownership shares in the new work. You may even wish to include a “moral rights” clause to prevent him from doing anything with the music the you believe would harm its integrity. Additionally, as someone suggested above, the situation is made more complex by the fact that you have live musicians on your track.

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