My first post. I've been getting lots of different opinions on the amount of seconds you can sample from a recording without getting a license? They tell me is 30 seconds but that seems too long. I'm doing a song and don't want problems.

 

How To Use Samples In Your Tracks Without Getting Sued

 

As far as I know, as of June 3, 2005, there is no minimum amount.

In the words of the United States Court of Appeals for the Sixth Circuit:
"Get a license or do not sample. We do not see this as stifling creativity in any significant way."

Source:
https://en.wikipedia.org/wiki/Bridgeport_Music,_Inc._v._Dimension_Films

 

Legally: Zero. Unless you have cleared your sample by the copyright owner (label, artist, etc).

Read up on copyright. It's pretty clear.

On the other hand, there were major musical genres based on (and thriving on) breaking these laws. The MPC wouldn't be what it was in the late 80's, 90's and 00's if these laws weren't broken. But that's a completely different story.

 

Last edited: Sep 3, 2022

There is no answer to this question.
1st it depends on local copyright law, 2nd not the duration is relevant but the recognition factor. If the sample can be clearly assigned to an already existing piece of music you have to ask the author/label/copyright owner of the original for a license to use it. Thats it.

 

Last edited: May 10, 2018

So dnb is officially dead?
Can't use the amen drums?

 

Hello @Luka ,welcome to the forum/s

Another option is to re create them yourself, it takes a bit of time but imho it is worth it :

 

@TonyG Thank you. That is an excellent explanation and your thread very informative. A lot to digest. Are you a lawyer? Can I pm you about this?

 

You are welcome. Am I a lawyer? I will take the fifth on that. PM about this? I already have answered your question...to your satisfaction. Moreover, I only answer legal questions in open Forum.

 

Last edited by a moderator: May 12, 2018

4 or 5 seconds, that is the limit proposed by vanilla ice, just say its not the same and youll be aight.

 

Sorry for asking. My bad

 

As an example on how different countries judge in this question read the courts statement about a german Hip Hop producer used a 2 second rythm sample from germans electronic pioneers Kraftwerk 20 years ago (this is also the time this story is at germans different courts).

https://www.theguardian.com/music/2...pling-lawsuit-defeat-sabrina-setlur-precedent

But the battle is still not finished...they still fight against each other at the European Court of justice.

Here is the original by Kraftwerk (the part starts at 00:35min):

And here the track with the rythm sequence (directly at the beginning of the track) by Sabrina Setlur (Producer Moses Pelham)

 

Last edited: May 10, 2018

Do NOT listen to anyone that tells you anything other than ZERO seconds are allowed without permission in the US!
Let me explain why you can NOT legally sampling anything without permission....

To sample anything you need it cleared by both the owners of the PA Copyright and the SR Copyright.

The PA Copyright are the writers of the composition, both lyrics and melody, and to not get their permission to use their writing is a copyright violation.
The SR Copyright is the owner of the fixed sound recording (masters), this is almost always the label but can be another, and before you can sample that fixed recording into your own fixed work, you must have their permission or it is a copyright violation.

To not get permission from both copyright owners places you at risk of being sued for your sampling.

 

NONE... you don't have ANY rights to use copyrighted material (without paying for usage license or having an agreement granting permission for usage).

 

Yep, none. Zero
I've had 2 copyright infringements slapped on me on YouTube. Both times I had proof of payment/usage.

 

..depends on the sample rate of the original (if it is analog, zero, nada..)

But seriously, in every country there is some organization that deals with copyright stuff. Usually "non-profit" (yeah, right..) Give them a call or write em a mail and MAKE them work for you! They have lawyers that get paid from % they collect (lots of $€..) and they have to give you all the right answers

 

Last edited: May 11, 2018

Also depends on the volume...If you sample something and set its level to -90db in your mix, you can use up to 2 min of samples.

 

what the point? you can write a few sec or 30 sec very easily if you put in effort.
is there some reason you want it to "sound familiar?"
if so re-create that vibe with your own original.