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June 20, 2012
The music scene is full of urban music (and other genres) producers that love to sample. Sampling can be considered an art in itself. I don't necessarily agree but what I can say is that using someone else's creation to create your own is like wearing someone else's clothes when you have your own. The mindset, to me, is I want to look as good as you do or better than you did with the same stuff you got. I honestly have no problem with a person that samples. I really didn't care to do it myself. I may have sampled 3 or 4 classic songs in my life as an urban music producer. Even then, I didn't care to do it.

This is not the basis on why I won't add sample based music in my catalog. My main motive for this is because I want a catalog of original material. Original music is easier to clear for licensing. There's no red tape to cut through or any aspect of copyright infringement to worry about. 



That's not to say I will never catalog sample based music. At some point in the future I probably will. Yet there's a lot that goes into clearing and permissions for music with samples, derivatives, and interpolations. I would hope that an artist, band, or composer has done their homework on the clearance process. There are companies you can pay to clear the samples for you. I contacted one such company and on top of their fee for the service which was close to $1k I was also told that it would cost at least $3500 per side of the sample. Side being the writer/composer, record label, or publishing house. Whomever owns the rights to the written song/composition and the master copy of the song. 

Not only that, you have to fill out some forms that tell the rights holders what kind of song you're creating (some people want to protect the integrity of their work), what pieces of their song you're using, whether it loops or comes in at certain parts of your song, and how many copies you hope to sell of the work. There's more than that but honestly, I don't want to go into it. My suggestion is that if you are a composer, band, artist, or writer you really need to do your research on the process of clearing samples and what it entails. I feel for you if your whole library consists of music with sampled material. 

On a bit of a side note, I want to clarify what I mean by sampled music. See, if you're a producer on the urban side of music, then you know about using electronics, DAWs, and samplers to create music. Every instrument and sound efx that you buy or that comes with your equipment is considered a sample. Even if you purchase audio from a sound library, that's considered a sample as well. However, for this post, I'm saying a sample would be a clip or soundbyte from a well known source like a hit song or movie. This wouldn't include songs in the public domain or songs you've created that you own the rights to. Public domain works are available for all to use and are royalty free. Sound Libraries, sound efx, and virtual instruments come with a special license that allows you the right to use the material without fear of copyright infringement. So those are the exceptions. Cover songs are the exception as well. Under copyright law you have the right to make your own version of a song so long as you don't stray to far away from the original material. 

In any case of providing me with works that contain sampled material, unless you've cleared the song and got permission to use the sample and can prove it with documentation, I will decline any and all works that fall under this category. Hell, I might even decline it if you do have clearance and permission as many music curators, supervisors, and project managers don't want to deal with the red tape involving the use of such material. 

Let's keep it original folks. That's what your creative talents are for. 

Grimm

Grimm Factor Music Publishing

The Grimm_Factor

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