To Clear Or Not To Clear

Instrumentals Lots of producers who make Hip-Hop Beats and Hip Hop Songs decide to dig through old records to find suitable material to sample The first thing to note is that in the eyes of the court, there are two types of sampling.

Type 1: Sampling: Taking another piece of music (i.e. the master recording) and incorporating it into your own music.

Type 2:Interpolation: Replaying a part of another piece of music (i.e. the composition) and incorporating it into your own music. Depending on which of the above you do, there will be different factors to consider when you are a Beat Maker to clear a sample. There are different factors, because there are two different forms of music copyrights. Type 1: Copyright for the master recording (the actual sounds that were recorded) Type 2: Copyright for the musical composition (melody and lyrical content) If you sample a master recording, you will need to get clearance from the record label for the rights to use the master recording AND clearance from the publishers of the composition. If you interpolate a sample, you no longer need to get clearance for the rights to use the master recording, but you will still need to get clearance from the publishers. Okay, now that we have the basics down. We need to talk about when you should actually be clearing samples. If you are wondering whether or not you should go ahead and clear your samples, here are a few facts to consider A high profile rapper like Pusha T puts out mixtapes for free which contains tons of samples. Hundreds of thousands of people download them for promo purposes. He doesn’t clear the Rap Beats for the samples on these mixtapes. As far as I know, hes never been sued for it. If you head over to FYE and take a look at the dusty CD racks, there will be tons of albums which contain uncleared rap instrumentals. So if after all of this you have decided that you are going to try to clear your sample, the next step is figuring out how to clear the The Hit Beats. Clearing samples can be a very difficult process. The good news is that there are agencies that will handle this process for you for a fee. The bad news may be the number one obstacle stopping you from clearing a sample Sample clearance houses charge a few hundred dollars per just to find out how much it will cost you to clear them. So you may have to pay $400, only to find out the artist you sampled will not even allow you to use your sample. If you ever wondered whether or not you should clear the on your beat CD there is your answer It is possible to bear down and do the research yourself. There are definitely producers and artists who have done this. Although it can be difficult/near impossible to do, if you approach the creator of the track as opposed to a big clearance house, you may end up paying less in the long run. At the end of the day, it does not make sense to pursue this unless you have a song that you really think may make a hit, you are super rich, or are Caruso from CSI Miami! I think the information listed here shows that clearing samples is pretty much unnecessary unless you are really planning to have a huge hit record or sell a lot of units. That being said, making any money off of a sample or using it as promotional material IS ILLEGAL But so is jaywalking, watching unauthorized videos on YouTube & downloading movies & mp3’s online You make the call! Join our rap forum and discuss rap, hip hop music and Instrumental Music with other hip hop fans from all over the world.