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Thread: Do you got 2 clear a sample if you only sample the drums within the sample?

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    Banned Serie's Avatar
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    Default Do you got 2 clear a sample if you only sample the drums within the sample?

    If i use a kick, snare or a hat from a sample and nothing else do i gotta clear the sample even if im just taking a drum? and please only answer if you are 100 percent sure, thanks.

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    Registered User djbasremix's Avatar
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    Default Re: Do you got 2 clear a sample if you only sample the drums within the sample?

    Unfortunately the legal answer is yes. Copyright law states that you need to clear any form of sampling. I have never heard of a case where the artist or producer actually sued someone over it... Especially if the kick, snare and hat samples are not unique. for example if they came from an 808/909 kit...But since the recording and mixing of a song also carries legal protection then my best advice would be to get it covered if you are going to profit from it. Promote the track, see the response, and if people are going to pay for it, get it cleared.

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    Default Re: Do you got 2 clear a sample if you only sample the drums within the sample?

    thank you!! and whats the process on getting a sampled clear (if you could point me to a trust worthy website)

  4. #4

    Default Re: Do you got 2 clear a sample if you only sample the drums within the sample?

    Actually the answer is NO...the only thing that isn't copyright protected are drums. I believe only one person has every had their drums copyrighted and I think it was someone from a rock and roll band. Rhythm patterns are not copyrighted protected unless things has changed and I'm not aware of it.




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    Default Re: Do you got 2 clear a sample if you only sample the drums within the sample?

    i mean it doesn't make much sense to me that you couldn't use somebody's drums for free as they originally got their drums from either a drum machine which is available to everybody or a drum kit which is also available to anybody, now maybe the sound they gave them drums after they recorded them could be copyrighted and maybe that's why but apart from that i really don't understand why you would have to. I've got a yes and a no could somebody please confirm either one, thank you. AND FYI im talking about taking the drum sounds and making my own pattern not just paste an already made drum pattern to a sample.

  6. #6

    Default Re: Do you got 2 clear a sample if you only sample the drums within the sample?

    Serie this is a good question, but the answer is NO you do not have to clear drum samples. Rhythm patterns are not copyrighted. You're correct when you say..."now maybe the sound they gave them drums after they recorded them could be copyrighted" that's correct if you're talking about a particular drum pattern, but if I read your post right all you want to do is sample the drum sound and construct a pattern....if this is the case you DO NOT have to clear any sample.

    To clear a sample you'll have to locate and contact the person(s) that have the rights and hopefully it's not more then one person. One person holding the rights make it much easier if the person agrees to clear the sample.




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    Default Re: Do you got 2 clear a sample if you only sample the drums within the sample?

    thanks for your help Desimnyc! much love homie

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    Audio & Design Extraordinaire Lethal Illness's Avatar
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    Default Re: Do you got 2 clear a sample if you only sample the drums within the sample?

    If a song is copyrighted as whole it protects all elements from arrangement to sound samples. It will not cover drum arrangement but the actual drum samples cut out of that song are copyrighted. Hard to prove, sure if you chop it up and mix it. Don't put it past the radar though. Of course there are exceptions like public domain works and royalty free samples. Either way, chances are unless you make a lot of sales or become famous no one is going to sue you anyway.

    If you want to get samples cleared you would need to contact the copyright holder in this case. If you were copying the arrangement and samples you would need to clear with both the publisher and copyright holder (which can be the same person) and obtain written permission (which could cost or could not cost).
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    Default Re: Do you got 2 clear a sample if you only sample the drums within the sample?

    pff this samplin shit sounds like a big ordeal thanks Li

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