Hi All,
I’ve made a couple of tracks that I’d like to get out there but they both contain vocals from an accapella record I bought a while back. By purchasing the record does that give me the right to use it or do I have to get it cleared? If so how would I go about this, or is this something a record company would do if they liked my track enough to take it on?
BTW the samples I used are the full length vocals.
Any advice on this would be helpful.
Cheers,
Simon
Depends if they are royalty free vocals if they are there fine, if there not though and a label wants to sign it make sure they clear it in your contract with whoever owns the rights.
Not that its right, but theres loads of tracks released with uncleared samples, im sure we have all used samples in there own right aswell, its part of the creative process, if it gets big attention, worry about it then, ie a big record label, but then they would get the sample cleared (or not).
You only need to worry about this if you’re planning to release the track on your own label.
If you’re looking for other label interest, just get it out there as you would any other track, I’m sure most labels will be aware that it’s a full length accapella that you’ve used and that it will need cleared or for them to take the risk of non-clearance.
Usually when a record has a aCapella on it there’s a good chance the artist is open to the idea of Remixes. Contact the artist (shouldn’t be to hard) or the record company and see what they say first.
Awesome thanks guys.
[quote]Kieran Mach (19/08/2010)[hr]You only need to worry about this if you’re planning to release the track on your own label.
If you’re looking for other label interest, just get it out there as you would any other track, I’m sure most labels will be aware that it’s a full length accapella that you’ve used and that it will need cleared or for them to take the risk of non-clearance.[/quote]
I’m not so sure bout that. Every contract I have signed has a legal clause in them that says your are agreeing that no copyrighted material is contain in the music, and if there is found to be, your liable.
This is from a contract I signed a few days ago
Doesn’t that mean that you’re liable if you don’t inform them of any copyrighted material you’re using?
[quote]simon-s (19/08/2010)[hr]Doesn’t that mean that you’re liable if you don’t inform them of any copyrighted material you’re using?[/quote]
Yeah exactly.
The other post was implying that a RC will be aware that your using an A cappella that will need clearing. My point is that even if the RC are aware of this, and you haven’t told them, the liability will be on you!
Plus you if it goes to court you will have to be able to prove that the RC knew about the copyright infraction.
Thanks for this…very helpful 
[quote]boneidol (19/08/2010)[hr]Depends if they are royalty free vocals if they are there fine, if there not though and a label wants to sign it make sure they clear it in your contract with whoever owns the rights.
[/quote]
+1
You can also get around it by getting your own vocalist to re-sing the vox.
can you?
What about the lyrics, melody (songwriting) of that vocal sample… isnt that copyrighted? surely you can’t just re-sing it, or can you?
[quote]Element (19/08/2010)[hr]can you?
What about the lyrics, melody (songwriting) of that vocal sample… isnt that copyrighted? surely you can’t just re-sing it, or can you?[/quote]
If you re record, no copyright issues!
This is from an interview with High Contrast
[quote]Mixed In Key: Do you use any old samples in your productions?
High Contrast: Sure, I use lots of old samples. “Nobody Gets Out Alive” has a sample from the 20s. Also “Kiss Kiss Bang Bang” is from the 50s. When they are that old, you don’t have to pay for them. If I make a track with a newer vocal then we would look into getting someone to sing it again.[/quote]
[quote]Element (19/08/2010)[hr]can you?
What about the lyrics, melody (songwriting) of that vocal sample… isnt that copyrighted? surely you can’t just re-sing it, or can you?[/quote]
That’s publishing, you’d still have to pay publishing i think. But it’s still better than the licensing issues.
(Someone here will probs know the full ins and outs of this route)
c) Licensor is agreeing all original rights to any material & samples contained within the track are owned by Licensor and there are no third parties involved, including no other contracts. If any of the material contained in the track stated above is copyrighted by a third party and we have not been officially informed of this in writing the licensor named within this agreement is at full liability to any action taken relating to any original copyrighted material. By signing this agreement you are agreeing all liability will lie with you (Licensor) should this ever occur.
This is a really cruddy piece of legal drafting it must be said!! They really ought to be seeking an indemnity which explicitly includes claim costs (court and lawyers) and specifically deals with actions (just or unjust) by third parties who allege that they are the relevant rights holder.
Multifader
Lawyer by day…
[quote]Element (19/08/2010)[hr]can you?
What about the lyrics, melody (songwriting) of that vocal sample… isnt that copyrighted? surely you can’t just re-sing it, or can you?[/quote]
no you can’t do that you’re right!
don’t know where that came from, probably the same place the rumor that you can’t be sued for samples under 4 seconds or the old one of can’t be sued for using classic music because its over so many years old.
[quote]jon_fisher (24/08/2010)[hr][quote]Element (19/08/2010)[hr]can you?
What about the lyrics, melody (songwriting) of that vocal sample… isnt that copyrighted? surely you can’t just re-sing it, or can you?[/quote]
or the old one of can’t be sued for using classic music because its over so many years old.[/quote]
Its not a rumor dude
UK rejects music copyright extension | Reuters
[quote]onetwoseven (24/08/2010)[hr][quote]jon_fisher (24/08/2010)[hr][quote]Element (19/08/2010)[hr]can you?
What about the lyrics, melody (songwriting) of that vocal sample… isnt that copyrighted? surely you can’t just re-sing it, or can you?[/quote]
or the old one of can’t be sued for using classic music because its over so many years old.[/quote]
Its not a rumor dude
UK rejects music copyright extension | Reuters
[/quote]
maybe i worded that a bit wrong, but whats the chance that you’ll get hold of an original recording of say Ludwig van Beethoven
in most cases something over a certain age will be next to impossible to find an original recording of and any new performances or recordings would come under a performer’s copy right or a composer. there are more than just one set of copy write rules and they apply to all parts of the music.
Writers, Co-writers, performers, composers the list goes on and on.
It sounds like a bit of a mine-field to me. Maybe I’m best off leaving out samples altogether.