Royalty Free Samples and ASCAP

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  • #27942 Reply
    hubcat
    Participant

    I recently did a collection of songs that for the first time use some royalty free samples. In the past I have played everything myself so when I went to register these titles with ASCAP I found the process confusing. I have emailed ASCAP themselves but thus far haven’t gotten a reply. It seems to me since the samples are royalty free they shouldn’t need to be listed but I’m not sure. Does anyone have any experience or advice about this? Thanks.

    #27951 Reply
    tobytune
    Participant

    I kinda think they mean sampled from an existing recording from someone else. Otherwise, RF samples are not to worry about.

    #27978 Reply
    Chuck Mott
    Guest

    What Toby said. God forbid my addictive drums tracks are called into question.

    #27979 Reply
    BEATSLINGER
    Participant

    This is in response to Chuck. If I am not mistaken Drums (Unless taken from a actual record) contain no melody, or musicality. So they would not be considered a part of a composition. Purchased Loops and Beats (from construction kits, plug ins, Reason, Kontakt, etc.,) that contain no musical parts are safe.

    #28019 Reply
    Ben
    Guest

    I had a question about sampling audio from a TV show? Does anyone know about the legality of doing that? How would someone clear an audio sample from a TV show?

    #28028 Reply
    Alan
    Participant

    hubcat,
    Unfortunately, you need to read the RF sample library agreement you signed off on when you installed it (the “I Agree” box you checked). This subject came up on MLR a few years ago. It prompted me to call a few libraries on the phone to get 100% clarification. Most, but not all, let you use the loops/samples without restriction except you may not re-sell the loops as your own.
    To be safe, I never let a loop run by itself in any tracks. I will always alter it or have something else playing with it to make it “original.”

    I had a question about sampling audio from a TV show? Does anyone know about the legality of doing that? How would someone clear an audio sample from a TV show?

    How to get it cleared? I wouldn’t know where to start. Is it music, voice or SFX? How many people have a stake in it? I would never consider doing that, unless it was a very old sample in the public domain, and even then, I don’t think I would risk it.

    Regarding ASCAP registration, I suggest using the quick form.

    Beatslinger,

    If I am not mistaken Drums (Unless taken from a actual record) contain no melody, or musicality.

    I have a few drummer friends I need to share this with, hahaha

    #28038 Reply
    Ben
    Guest

    It would be from a Netflix show. I wanted to sample about 20 seconds of a TV series. I know of a band that sampled a 20 second clip from Freaks and Geeks TV show and released two versions of the album, with it on and off. If I had that track for free and listed where the sample came from would that be ok?

    #28040 Reply
    Art Munson
    Keymaster

    I know of a band that sampled a 20 second clip from Freaks and Geeks TV show and released two versions of the album, with it on and off.

    Definitely copyright infringement if they did not have written permission from the copyright owner. Opening themselves up for a lawsuit.

    If I had that track for free and listed where the sample came from would that be ok?

    Same as above.

    #28042 Reply
    Michael Nickolas
    Participant

    You’d have to negotiate a deal with the master owner and the copyright owner of the sampled piece. It’s not like a mechanical license for doing a cover that has a statutory rate. They can charge you whatever they want or deny the request outright. And, you probably couldn’t take it from the TV broadcast which is probably protected in it’s own right.

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