View Single Post
Old 9th May 2019
  #62
Lives for gear
 
atma's Avatar
 

Quote:
Originally Posted by 3rd Degree View Post
This is the point, I know Chris Carter and other people had some valuable insight but this is the truth.

I wrote an interesting article on ASCAP daily brief on this. I wish I knew were it was to link. Some artists are seriously concerned about sample clearance, even when not really necessary. Like Eminem will clear any sample he uses, even if the sample is not musical and the owner doesn't care, doesn't want money, he still feels he needs a formal agreement (which if I recall correctly, really has been bothersome in the creative process). I believe he feels he has so much exposure that he wants anything and everything cleared. Some examples were fairly extreme, but lets say I recorded an Amtrak announcement as I walk by it in Oakland, he would clear that with Amtrak, that's the vibe I got.

Other artists do not, but are very aware they will probably get sued. If they don't, they don't, but they expect to, but do not go through the proper channels because they don't want to get denied. They loose a lot of leverage though.

What was clear was that artists who make a bunch of money of records are more likely to clear, and artists who make money off of touring but not much of sales may not. To me, it makes sense but it is risky.

At the end of the day, getting sued is likely not fun as suing people is no fun at at all, been through that.

At the end of the day, you have a choice to follow the law or not. To me, the most important thing you need to know, regardless of your choice, is knowing the law. I said it in a previous post but the biggest misconception about IP and copyright is that you somehow get sued less or the same as the money you made. That is just simply not true. You can get sued for more than you made, and depending on the person, how much you made may play a role, it may not. It's their work, they own it, so it's not based in accounting, it's based in the owners perceived value. Then the courts, mediators, etc, will see if it's viable.

Point being, if you have a little project and think they can only sue you for a little, that is far from true. You can use this in the discovery process but some artists won't care.
Ok, so what's an artist like myself supposed to do? If I sample perhaps 8 different (completely obscure) songs; manipulate and collage snippets of them together into something coherent of my own and record a rapper over it—I'm supposed to clear all of those samples before releasing it (even locally) in order that I don't get sued? That's absolutely bonkers to me.