Hi,

when are u as a music producer allowed to use a sample from an old song without licensing/asking/paying?

for example california dreamin' oder the avicii sample.

I dont get this, I am googling and searching for a long time now, but there is no CLEAR answer to it.

maybe someone here knows, ty

 

I guess never. Unless the song is public domain.

 

It depends on a variety of factors, such as country of publishing, type of copyright, author's will, etc... But usually ranges between 70 and 90 years (have a look at: https://en.wikipedia.org/wiki/List_of_countries'_copyright_lengths)

 

Totally offtopic, but I just love how we can literally see you thinking in German while writing in English. I experienced the very same quite a few times

 

What jayxflash said. Just do it. Deal with it when/if you get caught.
I can say that in genres like techno or house with small editions like 300-500 vinyls usually all copies are sold before the copyright holder acts so usually there is no action taken. Especially if you sell them as white labels.

 

If/when you create some original work substantial or interesting enough for "producers" to sample, your question will be answered.

 

Martin Garrix sampled from Swedish House Mafia in his song Animals, which he even revealed on youtube... The point is, just do it, there is ice thin chance that some-one is gonna guess you sampled from another song,,, now this even depends on how much you sample :''p . For instance if u sample a kick, then nobody can stop you as you can say that uve programmed it urself and it somehow turns out to be sounding like some kick from sold old ass song.... If u sample a whole melody then look at the copyright type and country etc... Like if u sample a melody from an old Indian or Pakistani song... chances no shits will be given, but if u sample a whole melody from some drake or Justin Beibs song, then chances are your a bad and unoriginal producer and your very unlikely to be famous,,, But with all these new sample producers coming out, and the million of gigabytes worth of samples on this planet earth, the end listener or anyone else is not gonna be able to find what you used, unless you use some over-used riser from vengeance sample packs (ignore this statement if u dont get it) but copyright on music last for about 60-70 years if im right, but dont be shy or worried ... JUST DO IT... ALSO MARK THIS SOLVED IF U THINK IT HELPS CUZ NOW MY FINEGRS ARE ACHING FROM ALL THE TYPING
Sincerely, Shia Labeouf

 

If the sample chasers don't get you, then the musicologists will. Everybody want's a piece of the action

 

God knows how many uncleared samples are in white labels...

 

So, there is no problem with sampling for example an old blues-song (melody and vocal) and upload it and send it to music blogs and stuff. as long it is no official release on a record label there is no way I can get sued, right? As long as I do not make any money out of the Song.

And when its a good song the copyright holder would rather make a deal then to sue me.. Same with cover versions I guess.

for a couple of years I had on my mind that avicii did not clear the sample. I think I read somewhere that the copyright was expired and that's why avicii and flo rida released the song at the same time. but that was just not the case then.

 

Last edited: Jul 31, 2016