On sister site, I happened to find a sample that was not royalty free.
I was a little surprised because I basically thought the samples were royalty free.

Is it safe to use the non-royalty free samples posted on sister site?
Or do I need to do something about it?

 

It is not actually "safe" (the way you mean it) to use anything you haven't paid for. "Royalty-free" generally means you do not owe additional royalties after you have paid for the samples.

You could have looked this up yourself.

Spoiler

when are royalties paid for using a sample
ChatGPT said:


Royalties for using a sample are typically paid in the following scenarios:

1. Mechanical Royalties (For Physical & Digital Sales)

• If you sample a copyrighted work, you usually need a mechanical license to distribute the song.
• Royalties are paid to the original rights holder (label, publisher, or artist) based on the number of copies sold or streamed.

2. Performance Royalties (For Radio, TV, Live Performance)

• If the song with the sample is played on the radio, TV, or performed live, performance royalties are paid to the original rights holders through Performance Rights Organizations (PROs) (e.g., ASCAP, BMI, PRS).

3. Sync Royalties (For Film, TV, Commercials)

• If the song is used in a movie, commercial, or TV show, a sync license is needed, and a one-time fee or royalties are paid to the original rights holder.

4. Streaming Royalties (Spotify, Apple Music, YouTube, etc.)

• Platforms like Spotify and YouTube pay royalties for streams, and if the sample is not properly cleared, the revenue may go to the original copyright holder.
• In some cases, Content ID (YouTube) automatically claims the monetization rights.

When Are Royalties Paid?

• Mechanical & Streaming Royalties – Usually paid quarterly (every 3 months).
• Performance Royalties – Paid quarterly or semi-annually by PROs.
• Sync Fees – Often a one-time upfront payment, but sometimes include backend royalties.

If a sample is not cleared (no proper license), the rights holder can claim 100% of the royalties, and in some cases, legal action can be taken. Always clear samples properly to avoid issues.

 

technically you cant use any sample from the sister site. wether or not that is actually enforceable is a different question.

Are you releasing music just for fun, maybe you'll get 100k streams? Or are you producing music for an artist that has a label behind them, and gets over a million streams?

If you just release for fun, independently, i wouldn't sweat it. If you plan to ever reach a larger audience, place your music in sync, etc, personally i wouldn't use it.

 

From a purely legal point of view, you agreed to the manufacturer's license terms at the time of purchase.
It is not permitted to use these samples publicly in songs, film music, etc.

Between you and me, if you make music with it privately, it's not a problem. If you land a number 1 hit in the charts it might be. It also depends on whether the sample can be clearly identified by the company that created it. Publications on YouTube can also lead to difficulties.

In 99% of cases, nobody will notice! In most cases, you will be warned first and not sued. Which company are you talking about?

 

if the sample is from a professional package (like 99% on sis site) you will find all rules inside it: READ CAREFEULLY

anyhow more or less the agreement with the sample owner is always the same:
-you con use the sample even if you got it from sis site (with certain risks, go on reading)
-if you sell the beat online you have to share 50-50 the income
-if you get more than 1mln streams you will have to buy a "superior license" and share the income
-if you place the beat to an artist with a major label THE LABEL will have to clear the sample with the owner

last but not least:
-CERTAIN AGREEMENTS will ask for a PROOF OF PURCHASING the package BEFORE you release or sell or place it

thats all,
read, study, evaluate
then you can choose what to do

you dont wanna read-study-evaluate?
do not use it

 

I see.
Thank you, @clo ... oh, I made a mistake.
Thanks, @ChatGPT.

I completely forgot that there are people here who are both kind and obnoxious.
I understand your point very well.
I was going to explain how the question came about, but I'll stop.
I'm tired of arguing with you guys.
But let me say this.

Study? Evaluation?
In this day and age, music production is no longer a noble task, you know.
In the past, ordinary people like me (non-musicians) used to think that “making music is a noble task”.
However, with the advancement of technology, ordinary people like me have come to realize that we were led to believe that making music was a noble task.
We realized that there was simply no way to express the music that was inside me until now.
There is only experimentation and play.
Have you ever read the novel “Music”?