matt
Joined: Oct 18, 2010
Posts: 649
Boston, MA
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Posted on Jan 10 2023 07:40 AM
I have a question. I'm working on a song with a friend of mine. He threw in some sampled voices from a movie. Sadly, it's not an obscure public domain type thing, it's Shutter Island with Leo DiCaprio.
I have no idea how this works. On the one hand, the likelihood that Sony pictures will find it is slim, and if they did, I would think they'd just make us take it off Spotify or whatever. But...
Is there a "right" way to clear these sorts of vocals from movies samples? Anyone ever go through the process?
Any guidance appreciated!
— Matt Heaton & the Electric Heaters
Boston's Premier Surf/Noir Combo
http://www.heatonsurf.com
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Mike75
Joined: Jul 28, 2013
Posts: 220
Hong Kong
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Posted on Jan 10 2023 08:38 AM
Hi
From a practical legal perspective it’s almost impossible to clear samples. The rights holders are particularly reluctant to give permission so all you can do is ask the rights holders for permission.
There is no apparent agency for sample clearance. This makes the growth in sampled music unbelievable but that’s the situation we have to deal with.
I would not recommend using a sample without permission. In this industry reputation is everything. It’s not worth the risk.
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ArtS
Joined: May 09, 2008
Posts: 1312
Isle of Kent, MD
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Posted on Jan 10 2023 01:11 PM
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revmike
Joined: Feb 26, 2006
Posts: 3789
North Atlantic
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Posted on Jan 10 2023 01:33 PM
Mike 75 pretty much nailed it with his post. Legally you have to clear the sample with the rights holder. They will more often than not charge you a licensing fee for its use. It is better to either do this all above board, or not use the sample IMHO.
Rev
Mike75 wrote:
Hi
From a practical legal perspective it’s almost impossible to clear samples. The rights holders are particularly reluctant to give permission so all you can do is ask the rights holders for permission.
There is no apparent agency for sample clearance. This makes the growth in sampled music unbelievable but that’s the situation we have to deal with.
I would not recommend using a sample without permission. In this industry reputation is everything. It’s not worth the risk.
— Canadian Surf
http://www.urbansurfkings.com/
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MelWaldorf
Joined: Mar 03, 2006
Posts: 648
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Posted on Jan 10 2023 02:08 PM
FWIW, software to find copyright violations has gotten very good. I recorded a video playing along to a shadows backing track and YouTube caught it. In that circumstance they simply demonetized that video (which was fine with me since I wasn't using it to make money), but be aware that it isn't so easy to fall through the cracks anymore.
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