Sample Clearance: Leasing a Beat with Samples in it

[@WORLDFAMOUS716]

aaaah youngster 😏we been sampling since the 80s ain't nobody coming to your door unless you go gold or platinum and I'm 48 good video tho

[@BlakeHeart]

I don't disagree to some point BUT I think there are a lot of rappers/artists out there who are buying beats from beat stores and not realizing that they have purchased a beat with a sample in it UNTIL they go to distribute it to Spotify, etc., and an algorithm picks up it up and they can't use it. That sucks, and it's happening...and this could be after they spent a few thousand to lay down vocals, mastering, etc.. And I have a few other stories too, and all it takes are a handful of pissed off people and you have other issues.

[@realdiole]

Thanks for this, I normally don't sample but there are some beats that are just way too good that were sampled motivate me to sample too. But I will only sample what is clearly royalty free if I plan on realising or selling that music. Copyrighted ones I will use only for practice, if ever.

[@anxiousmindmusic]

I'm just starting to use Tracklib and I'm even cautious about that...

[@BlakeHeart]

Yeah, I wonder about that too -- it's still newish, so I guess time will tell. I think the best advice is to always manipulate your sample enough so that it is "yours" and doesn't get taken hostage by someone else's content ID.

[@JayPluss]

Just seeing this now and still very relevant. Curious to hear an update for 2024

[@DZTaTheDash]

Thank you so much! Every artist needs to see this because there are so many misconceptions. You're better off doing free downloads if you decide to sample. It's not worth it because ultimately you will be left out to dry while the artist will deny all liability

[@BlakeHeart]

Thanks for watching and taking the time to comment!!

[@DEBODBEEZY]

I definitely needed this 💯.. THANKS 🙏🏾

[@JohndeVinci]

What about coming from an artist point of view? What if I’ve bought a beat from a producer that has sampled a hook?

[@BlakeHeart]

As an artist I’d be really annoyed if it wasn’t disclosed to me. I believe every beat seller should be disclosing if a copy written sample was used in the song. Artists should know this upfront, it could impact their financials...but that’s not how a lot of folks are thinking.

[@LogicDaBeatman]

i found your channel from MG The Future on the SpicySundays ep.31 and im so happy they referred me to you. thank you for this information and keep the dope content coming. i just subbed.

[@BlakeHeart]

Hi there, that's awesome -- thanks for coming over here. I really respect MG and have learned a ton from watching his videos!! Thanks for subscribing!!

[@DoktorP]

Hey Blake! Thanks for making this vid. I appreciate your perspective and agree. Not worth it to put samples that need clearance in beats you plan on leasing. Keep up the good work with the vids!

[@BlakeHeart]

Thanks so much for watching and taking the time to comment! Yeah, I see more and more online producers moving away from clearly copyrighted samples...

[@prodnothingtodo]

Your setup looks crazy good

[@BlakeHeart]

Thanks, I've worked really hard in my day job to get it that way!

[@boogiefunkproductions2368]

This is why I only sample for personal projects and anything for leasing I don't include samples. But this was very great info thanks!

[@BlakeHeart]

Awesome, thanks for watching and taking the time to comment. It really is a sticky area...

[@RickRijuanaPro]

The reason I stopped leasing beats from other producers was getting copyright infringement emails on KZbin 😂

[@BlakeHeart]

I am glad that you took the time to leave this comment -- I have heard this from so many people...

[@MAJORFLOWMUSICVIDEOS]

Does this include samples from sample packs that have been purchased?

[@BlakeHeart]

Well, it all depends on the paperwork that accompanies those samples and how the sample maker does business... Generally for sample packs though, you can use royalty free until someone makes an amazing hit song with the sample in it, and then the sample maker may ask for some % of the deal.

[@psyhoe_beats]

Very helpful video but also comment section. Thank you for taking the time to give an answer to every single comment. It helped me a lot

[@BlakeHeart]

Thanks for watching and noticing! Appreciate you!!

[@beatprocess]

Need a upload on this topic

[@thisisshari]

If an artist unknowingly purchases a beat with a sample on it, is it true that it’s up to the artist to clear the use of the sample? I know you mentioned that for big labels but what about for small artists? I’ve been seeing online people justify selling a sampled beat by saying it’s up to the artist. I also purchased recorded and released a song that I just learned contains a sample.

[@BlakeHeart]

That is true, and yes this stinks. Sellers should be honest and disclose that they are using samples in their songs, so that their purchasers know what they are buying. There are a few ways it can pan out for the artist - the sample may be "hidden" and "manipulated" so well that it isn't really known that it is there, meaning algorithms on Spotify, youtube, soundcloud, etc., won't hear it and your music will not be blocked BUT you will still run the risk of the copyright owner coming at you to either take it down, or take some money from you OR you flat out, right out of the gate, find out that you can't do anything with your song because of the sample and unitl you negotiate with the copyright owner, you are just out of luck with the song you have made. Basically just stay away from samples or sellers that you don't think are being honest about whether they are using samples. Royalty free samples is a whole different thing - when a beat maker uses those, no issues there UNLESS another artist ends up using the same sample, and it's a main component of the song and you find out that your song sounds like someone else's song because both beat makers used the same sample and didn't manipulate it enough to be distinct and different...so basically that's a whole different can of worms. I hope this helped you, it's a crazy world out there. Find some beat makers / producers you respect and trust and try and work with them when buying beats...that's my best advice!!

[@thisisshari]

Blake Heart yes that is very helpful thank you! I was really bummed when I learned about the sample but I definitely learned a big lesson. I guess you live and you learn... and I’m pretty sure I won’t be back on beatstars unless there’s a way to know ahead of the time that a beat has a sample. This guy didn’t even change it up much and it’s like, don’t you have any creativity?! Lol. Ok I’m done ranting. Thank you for your response and for this video.

[@felicia18xofe]

Hi Shari & Blake, Just a question for you both - how do you know if the beat you've purchased contains a sample? Shari, how did you find out? And Blake, any ideas as to how one might be able to find out short of asking the producer? I'm trying to contact one now to no avail :( Will I find out once I upload to streaming?

[@inheaps]

From my experience, producers usually give you the information about the song they sampled and the publisher info. But I wish it was easier to clear samples! I actually hired a company to recreate a sample I used in a song and they stole a ton of money from me. Crazy disheartening.

[@StevieSosa]

Simon says by pharaoh Monch is a prime example of this! Thanks for the site suggestions! Another alternative would be to check the new entries to the public domain too!

[@BlakeHeart]

Right, public domain is an option too. Thanks for taking the time to leave a comment!!

[@souzsifu]

Just wondering if this includes selling them with exclusive rights too or just leasing?

[@beatsbycookiecutz244]

Hey Blake! I'm so happy with your clear explanation. This is good information. Thank you :)

[@BlakeHeart]

Awesome, I am glad you found this helpful. Thank you for taking the time to let me know, much appreciated!!

[@12spin]

Thanks for the breakdown Queen 🙏🏾

[@BlakeHeart]

Thanks for watching!

[@khalybeatz3498]

So as long as the beat is not being leased on your beat store is it then ok to promote the sampled beat on social media and streaming platforms (i.e. KZbin, Instagram) and not have the beat cleared?

[@TeddyRoxpinBeats]

As far as I know, yes. But be careful with stuff like KZbin where you can still generate money from ads.

[@khalybeatz3498]

@@TeddyRoxpinBeats I hear you, well I can't monetize my videos. My channel is not big enough for monetization. So I assume that I should be fine.

[@BlakeHeart]

Right, depending on how much you mangled the sample, and what the sample is - the hope is that the algorithms on the various platforms do not pick it up - but if they recognize the sample is a part of the original song, they will take it and monetize it, for sure.

[@BABangah]

Hello, I leased a beat and I'm a bit confused about the content of the contract, maybe you could say something to this? First it says "Licensor warrants that it controls the mechanical rights in and to the copyrighted musical work [...] The Composition, including the music thereof, was composed by Alex ("Songwriter") managed under the Licensor." It is a beat from "Platinum Sellers", they are a bit famous I think. So far so good, but then there is the following paragraph "Audio Samples. 3rd party sample clearance is the responsibility of the licensee." The contract says that it is my job the check if a 3rd party sample is used in the beat?! How should I do that? The beatmaker should know the best, if he uses a copyrighted sample or? And if he uses an uncleared sample, the selling of the beat and the selling of the leases would be illegal. Or not? I dont want to get into trouble when I publish my songs on Spotify, so please help me out with this. Thanks :)

[@BlakeHeart]

You got it - they sell it to you and then tell you it's your job to figure it out which is completely not acceptable. I would send a constructive email to the marketplace on which you purchased it and point this out to them. I personally think that something needs to change in the way marketplaces screen their beats for sale - they are technically allowing copyright infringement on their sites everyday and it's not fair to the artists that are purchasing/leasing beats. What could happen -- you work hard on your vocals, pay someone to engineer the track, publish it, it goes on Spotify and someone else claims copyright (or the algorithm picks it up) and your music is taken down until you negotiate the use of the sample in your song which could cost your many thousands of dollars. Not fair to you, the artist that is just trying to put your music out there!!!

[@acetateassassin7933]

If I want to just upload my beats to Spotify for people to listen to but have samples in them can I do that?

[@Giano12345678]

Thanks this is what i needed! Im making a sample pack guys! All clear! 😁

[@vandybeats]

:This is not legal advice :Legal advice

[@reallilroy]

SO AS A ARTIST WAT U DO WIT DEM BEATS ??

[@BlakeHeart]

Sounds like you are saying you are the singer on them - and you face the same issues. You can choose to put them on streaming services and claim that you didn't use any copywritten samples (which would not be true, and is not a good choice), but if the algorithm catches those samples, chances are the streaming service, Spotify, etc., will take them down. You can post them on Soundcloud, KZbin or some place where you make no money from them (there are likely other places too) -- assuming the algorithm on Soundcloud doesn't take them down. If the song blows up - you will hopefully be in a position to negotiate paying for sample clearance and it will all be taken care of legitimately which is the ideal situation. The real problem starts with the beat makers selling beats with well known samples in them and putting it on the artist to clear them, which if the artist is signed to a major label -- this isn't a problem, but if the artist is independent and doesn't have the financial capability to negotiate the sample use yet, they are in a strange predicament...

[@bboymac84]

Wait till the artist wanna buy it and tell them there is a sample directive in the beat. If they want it and feel it will be a hit, their label pays for it. Make sure they contact the publisher of the sampled song before it’s a hit!

[@pattyspeedmusic]

Hi :) If you’re an artist creating the original samples, and selling them independently, what do you recommend we do to make the most of our product and get the best protection?

[@t.a.t.e.n.d.amusic7361]

thanks really helpful . Someone actually wanted to buy one of my sampled beats a couple weeks ago .

[@BlakeHeart]

Awesome, thanks for watching and taking the time to comment!

[@Dottestar]

I am the one who watched this years later and I’m grateful to come across it💯

[@BlakeHeart]

Lol, thanks for watching!!

[@LFiers]

Great video but I had a question or two: What did you mean by shopping around for placement? So you're allowed to use uncleared samples in your beats when shopping around for placement without repercussions? Can you please elaborate on this. And secondly are you allowed to use samples in your beats and give them away for free and selling them? And if so how would I go about this? Thanks for your time and I look forward to your response. - L.

[@BlakeHeart]

Shopping around for a placement to me means that you are letting musicans/artists listen to your songs to see which ones they may want to use in their production. This means that no money is exchanged outright, it is dependent on the usage of the song by them, at which point they would need to get the proper clearances on any samples used. This is how it has basically always been done until leasing beats became so mainstream.... If you provide your beats for free, no problems there either. The issue comes up when you are leasing your beats on these major platforms because it crosses the line of profiting off of material that someone else owns the copyright to, without providing them with any compensation for that use and without have permission for that use. This is why sites like Tracklib are so great, you don't need to worry about this stuff, they do the work for you....

[@Mtbwavy]

What’s the artist liability if they least it

[@fatmac2023]

I'm your opinion what would you do if you have 2 hit songs, but both beats got samples in them?

[@BoombapArt]

Great video, very helpful and informative! 🙌🏻

[@BlakeHeart]

BoombapArt Thanks!

[@absolutbeatz_yt]

Great Video. How does this apply to a sample that is in a different pitch then all of the instruments are replayed?

[@BlakeHeart]

What kind of sample, one that is royalty free or one that is copywritten by someone else? If it is someone else's song, like let's say a Mary J. Blige song for example, if you use her music, it doesn't matter if you pitch it down or up in your song you use the sample in - it's still her music. So that's still an issue...BUT many people do this, that's the art of sampling.

[@absolutbeatz_yt]

@@BlakeHeart Thanks for the information!!!

[@emc2828]

Can you sell as an exclusive beat and be okay and just leasing is the issue or is selling an exclusive beat with a sample an issue as well? Thanks!

[@alexpopov6661]

everything is an issue if u get caught. You know what they say, red lights are green lights, only as long as no cops are around

[@BlakeHeart]

Are you telling the buyer there is a sample in it that they will have to clear? For an exclusive beat, you are selling to one person, and they know they will need the clearance - my opinion is that may not be an issue...

[@emc2828]

Blake Heart thank you for the response!! Yes, I make it clear to the buyer whether or not the beat has a sample. Every single place I have the beat, I state whether there is a sample or not, including the contract to purchase, and I only allow sampled beats to be purchased as an exclusive.

[@NasoBeats]

So What do I do if my catalog is mostly sample based? Do I delete tracks with the samples and restart?

[@BlakeHeart]

This is a tough question for a lot of producers - I don't think you should delete it, you can still shop these beats around, artists will need to get clearance though AND there are a plenty of artists looking for beats that are willing to jump through the hoops if they love the song enough...

[@NasoBeats]

@@BlakeHeart thank you! Appreciate what you’re doing for the community

[@wquic]

am i able to make a beat with a song from KZbin and sample it,for my music, im trying to make a beat, can i use it on Spotify or only KZbin, can i get profits from it can i just tag the artist in the song i make

[@LexFactor]

If I have “3rd party sample clearance is the responsibility of the licensee” in my contract, would that cover me? Or is there still possible issues on my end

[@BlakeHeart]

This is a slippery slope because you are charging people for the lease - but it contains stuff in it that's not your music technically. But then you have the situation where you "everybody is doing it" and there are songs making a good amount of money on Spotify with other people's sample stuff in them, so it just depends what side of the line you want to walk. If you lease someone a beat with a sample in it, you should tell them there's a sample in it, and which one, so that they understand up front they could run into issues once they lay their lyrics down on top of it and try to publish it...

[@thevanessakay]

@@BlakeHeart But what if you released a song on all platforms to a beat you purchased from a producer that you found out has a sample in it?

[@Zilziox]

Thanks Blake!

[@BlakeHeart]

Any time!

[@officialprice503]

Would it be beneficial to get an LLC, because I heard that once you have an LLC you can write off the beats that you lease as a business expense ? assuming one purchases many beats i'm wondering if it would essentially pay itself back to have an LLC early on even if you are just starting out for this reason. Any help with this question is greatly appreciated, kind regards.

[@BlakeHeart]

Hey there! You don’t need to be formed as an LLC to write off expenses on your income taxes. You can be a sole proprietor. It all depends on whether you have the extra cash to set-up the LLC now, or make some profits in you business and set it up at a later time. If your a sole proprietor in the mean time, you’d get a DBA if necessary, so if your name is John Smith but your producer name is Johnny Brings the Heat, the DBA is John Smith doing business as Johnny Brings the Heat. If you set up an LLC you’d likely set it up as Johnny Brings the Heat, LLC. This is why you need a DBA as a sole proprietor, it’s required to tell the state your doing business under a different name. Hope this help!

[@vvsd000]

Hello, I have a question. ( I'm sorry if you mentioned it in the video, my English is not very good so I couldn't understand it completely.) Some producers upload free sample packs on youtube. They write notes like "You can use these samples 100% royalty-free except major label or artist". 1.) What exactly does this mean? 2.) Can we use these loops and sell beat lease? Thank you!

[@BlakeHeart]

Hey there - it means that if the song you make with their loop in, makes it BIG, they want a cut of the money. Yes you can use the loops to sell a beat lease - but if that beat lease turns into the next Old Town Road, and it has someone's sample in it - they will come for their cut of the $ coming in from the success of the song.

[@sycofya1677]

Yea so in short: Dont buy beats with samples because its a scam

[@BlakeHeart]

I think a lot of producers have a lot of songs in their catalogs -- that they are selling on line right now -- that have samples in them. With the beat market getting bigger and bigger, this is going to explode in their faces at some point, I actually think the market facilitator, such as Beatstars, will be the one that takes the brunt of it...

[@yudmusic]

Problem is i dont even know if a beat uses sample

[@taymacmusic8923]

@@yudmusic If a producer uses any pre recorded music, even a kick drum, or a snare hit, thats a sample. What she means is a sample that is not royalty free. It is unfortunate that lots of producers or artists don't care. Their thought process is even if they get sued, as long as the song blew up, there name will get blown up.

[@pathofmodernwarrior8470]

I wouldn’t call it a scam Most industry professionals will tell producers with out label backing to make the beats and clear the samples after. If your music doesn’t become discovered literally no one cares no major record label has the resources to go about and think about this every individual in they’re home with access to a computer with a Daw on it and start looking for samples. Also Hiphop had already found a way around this why do you think you can go and download free mixtapes

[@NahVeA]

but what if you are the artist? and they say theres a 3rd party sample and the clearing it is up to us? that doesnt make sense it should already be cleared why do i have to pay you andthen have to go pay someone else for a beat YOU are selling Me ? someone help

[@BlakeHeart]

Yeah, this is a tough one. The idea is that if you as the artist make it big - you will have the ability to clear the samples - such as Old Town Road or various other songs over the years that have hit it big - and the sample was cleared after the fact...it's a slippery slope and there's just not great way to deal with this. At the end of the day - my advice is to stay away from sampled beats UNLESS someone is using a service like Tracklib where you know the terms, and they should be sharing that info on the leased beat description page so you know what you are getting into....

[@xyrbn6322]

Hello! Thanks for the information. I've leased a made a song to a beat, and then realized it was sampled from an old german song (not old enough to be public domain yet). The samples is a 4 second bit of a guitar part of the song, a very small percentage of the overall song, if that counts for anything. Do I need to find the copyright holders ask for their permission to use that little sample in my project which I wish to monetize, on spotify and such streaming platforms, maybe youtube? Thank you in advance!

[@BlakeHeart]

It is like the wild west out there right now for samples and copyright. Ultimately distrokid or whoever you use to list/distribute the song is going to ask you if anyone else owns copyright to it. If you decide to go ahead and answer no, it might be a matter of time before it gets taken down. All depends on how much you changed the guitar part and if the algorithms pick it up -- OR if the original copyright holders pick it up. Again, it is like the wild west, lots of people are listing songs on spotify and making money off of streaming when they do NOT own every aspect of the song and definitely aren't paying out any % to holders. Tracklib is really the best way to go to make sure you cover all your bases....but I get it, your song is done and you have this issue. I have no good answer for you, sorry!

[@WESSGOAT9898]

Let’s say you sample something from the 1960s or 70s And let’s the song is not well known And the label of the track don’t exist anymore nor does the artist Would you able to get away with sampling it Or you still gotta get it cleared or sued

[@BlakeHeart]

True, somebody, somewhere deserves to get paid... Just because there is no record label doesn't mean that someone isn't going to come forward and tell you that's their song you sampled and they want their cut...

[@iamm3109]

Thanks so much for making this!

[@BlakeHeart]

Thanks for watching and taking the time to leave a comment!

[@iamm3109]

@@BlakeHeart Of course! Appreciate the knowledge!

[@op-1g.s]

But if I sample from a royalty free jazz song on KZbin? Do i still have to clear the sample ? Thank you.

[@BlakeHeart]

Generally if something says it is royalty free, you can trust that you won't have any issues sampling it...I say that because other people can use that royalty free material, put it in their song, and then copyright their song. If your sample usage sounds too much like theirs -- and they have content ID on theirs, there's a chance you might have someone else monetize your music if you put it on KZbin. I would say this happens VERY little and is the exception, so long answer short is -- if it says Royalty Free, you can generally just sample it and have no worries!

[@op-1g.s]

Blake Heart Thats makes since to me. Thank you very much for you very nice and informative answer. 👍🏽👍🏽👍🏽🙂

[@pietehlers5020]

This was really helpful thank you!

[@BlakeHeart]

Awesome, thanks for watching and for taking the time to leave a comment!

[@Pauxthabeatmaker]

i'm so confused!!!!! can i sale sample beats!!!! Just exclusief only

[@BlakeHeart]

If you are into sampling I suggest using a service like Tracklib where you can access a bunch of different types of songs - you can sample - and you know you are good to go because you pay for the license to be able to use the sample in your songs. You can use samples without getting clearance IF you only plan on shopping your beats around. When an artist picks up your beat and wants to do something with it - they are the ones that would need to get clearance for the sample. It's not cool to LEASE beats with samples in them that need clearance (someone else has the copyright) because that means you are selling someone else's copywritten material.

[@turkeyjerkey111]

I get way more enjoyment out of making beats with samples.

[@BlakeHeart]

That's cool, I want to get into sampling more. I notice that it is definitely an art form!

[@inheaps]

Same here 😕

[@JrBeatStar]

This is all very intriguing. My question is if I post copyrighted sampled content in my beatstore, not for sale but for promotional use is it legal? Considering I have lots of sampled content and its something id like future clients to be aware of in the case of custom beats. Is it legal to allow free or promotional use of a tagged sample content. I originally wanted to ask if it would be legal to offer sampled beat for download after a purchase but that seems like it would be a catchy loophole.

[@BlakeHeart]

You won't have any issues posting it to listen to - I don't think Beatstars or similar polices any of the songs on their site. But if you are considering leasing, that's where things get sticky -- but just putting them there for people to listen to, shouldn't be a problem.

[@Getrich20]

I got some samples on my page , one of the samples are used from California's 90s music and the others are all from other countries like indian songs and chinese songs , Should I just take all of them down from my beat store and youtube lol? I was curious about this topic for days since I just started selling beats a couple days ago , I was also wondering with some of the samples being from different countries if it even mattered?? Or would that still be a problem

[@BlakeHeart]

You just never know what's going to be a problem, so it becomes a question of playing it safe or risking a buyer potentially being really upset...

[@thedarkblockagency]

Ok so this was a well done video , and your great at holding my attention , It was pretty much common knowledge TO ME AT LEAST that your not suppose to do that , I have recently been doing it as a different way to make beats , it's an artform in its self and like you kinda brought up If I hear something that im super inspired by an want to share it w/ mixing in my artistic 2 cents is very fulfilling but Instead of even holding it for placement , I will release it as free for non-profit or Promo use only & credit the Artist/Band & Song for the I sample used , Also stating that it's not for sale , IS THERE A SAMPLE LAW Tho? Does anyone know? Like how many sec's for a vocal or a sound?

[@Prod5D]

Is cymatics safe by any means? Cause cymatics is royalty free.... I’m very confused

[@BlakeHeart]

It's safe in that it is royalty free BUT what happens is that other producers may use a sample and not change it up that much AND if you do the same thing, you may find yourself in a place where the algorithm for any platform may prevent you from posting your song because it thinks it's the other person's material....basically make sure that you mangle up your loops enough so that it is YOURS and you won't get mixed up with other people's copyrighted material....hope that makes sense!

[@Prod5D]

@@BlakeHeart makes sense!

[@nionne483]

What if i were to buy/use a sampled beat, but just use it for non profit( on SoundCloud & KZbin)would that pose an issue if it’s heard by many ears?

[@BlakeHeart]

Probably not an issue, the problem is when the algorithms used by SC and YT detect that you are using copyrighted music. Those algorithms are getting better and better but at the same time, if a sample is so mangled, it might never be detected until the song is on every radio station and the creator of the music (or whoever owns the copyright) hears that someone is using their music without permission (and without payment).

[@MrBrezzie20]

So I should make the samples beats free downloads right?

[@BlakeHeart]

Totally your call!

[@DaCashRap]

How about contacting the author and finding common ground prior to putting up the beat for sale?

[@BlakeHeart]

Always possible, but if it is a mainstream artist's sample -- or semi-known, it depends on what position you are in financially and if you have some professionals working for you that can negotiate...just a whole can of worms basically. This is why Tracklib is a nice solution, you know the terms upfront and what it will cost...

[@ennuiweltschmerz-ennuiwmus9627]

So, quick question. If you download a sample pack, like one of Vybes sound kits, is it ok to use those samples without clearing or should you still clear them and if so then who would you contact? I'm trying to register a beat with BMI but I don't know what to put in the sample section of the form lol 😅 Any help is much appreciated 🙏

[@BlakeHeart]

a royalty free sample is just that - royalty free, you do not have to attribute it to anyone. But there are issues that arise with the use of such samples if you don't "change" up how it sounds -- because other people are also using these samples, you may find that an algorithm for KZbin for example, could tell you that the song is already "owned" by someone else, all because they used the same sample SOONER than you did, and got out there and claimed it for themselves. Just because a sample is royalty free, doesn't mean someone hasn't already gotten dibs on it. With that being said - if you are using samples that many people have access to - change them up, cut them up, pitch them differently, etc., to try and avoid those issues...

[@ennuiweltschmerz-ennuiwmus9627]

@@BlakeHeart A lot of these sample I use are out there but I do chop them up and pitch them up or down but there are still clear similarities on some of them. I usually do only original works but lately I have been in a sample kind of mood. I guess even if it gets flagged on KZbin it will still exist on all other platforms like my beatstars and my website. I also saw somewhere where the dude who made them said they are NOT royalty free so I guess I just can't register those beats with BMI until after someone buys it and then I just recoup the clearance cost against my royalties? I really appreciate the knowledge 🙏. You have no idea how hard I have been stressing about this debacle lol

[@Mo91100]

What if the producer tells an artists that there is no samples in the beat whereas there is a sample. Can the artist be held responsible for copyright infringement?

[@BlakeHeart]

Yeah, this stinks. The issue is that you will eventually need to clear the samples if your song gains traction and gets noticed. Juiceworld's Lucid Dreams and Lil Was X Old Town Road are great examples of what could happen -- at the end of the day, the beats they used for those songs had samples in them or in the case of Lucid Dreams, copied from a Sting song. It all had to get sorted out in the end and basically the artists and the producers took home a lot less money in the end BUT the songs were huge songs, so maybe it was worth giving a cut away? The big dilemma here is that the producer or beat maker isn't telling the buyer that there was a sample used (or that the song was based) from another song. The buyer, leasing the beat, is in the dark and that's not cool..... So yes, basically you can be held liable for copyright infringement in the sense that your song could get completely shut down and the money you spent recording and mastering and marketing could go to waste... Beatstars is now asking producers to state whether the beat has a sample in it or not - but I am not sure how effective this is...it's hard to watch your back out there, good luck and try to buy beats from producers that are stating there are NO samples used in making them!!! (there still could be, but them attesting that there isn't is a good start, lol!)

[@Mo91100]

Blake Heart the producer mentioned that there are no samples in the beat. Thanks for the advice Blake.

[@briannamoore315]

What if I am the leasee using a beat that contains samples, should I worry?

[@lighthousemusicllc]

If you are leasing through beatstars.com I believe their default contracts stated that it's the artist/purchasers responsibility be to clear the sample if it needs to be cleared

[@BlakeHeart]

If you end up getting a hit -- and it is heard by lots of ears, you might have an issue and need to clear a sample, yes. It's unfortunate that beat makers do not have to tell you what sample/samples they have used in the beat. I wish that there was more transparency - maybe some day as more and more issues arise and those purchasing demand to know. And as stated by Lighthouse Music, the beatstars contract by default does say that it is the purchaser's responsibility to clear the sample.

[@nionne483]

What if i were to buy/use a sampled beat, but just use it for non profit( on SoundCloud & KZbin)would that pose an issue if it’s heard by many ears?

[@BennyCalloway]

@@nionne483 I really think it depends.. if it's a sampled beat your first step is making sure the sampled beat is either cleared or is using a royalty free sample.. typically with leased beats from a place like beatstars.com, their standard contract basically tell you that it's YOUR responsibility to get the sample cleared, not the producers so be careful.. lastly if you have leased beat you may need to provide proof to KZbin or whomever of your license/contract for the beat..

[@nionne483]

So even if its non profit use?? I was going to buy the beat to just support the person. My intentions is to just use the beat for only Soundcloud and non-monetized on youtube for a video.@@BennyCalloway

[@kevindekker7421]

If the sample is royalty free you can sell whith on problem snd you dont need to tell the artist ?

[@BlakeHeart]

If the sample is designated as royalty free, no need to tell anyone, no problems. That means that you can use it to create new songs, and lease them, sell them, etc, with no issues.

[@MickBenjamins]

Good stuff!

[@Bukratusi]

by sampling you mean using someone songs and use its oart or USing loops and samples to produce music? There are lot of websites who sell royaltu free loops and samples so we canuse them to make beats and sell them right? can you please help in this?

[@BlakeHeart]

Sampling other people's copyrighted music. I am not talking about using royalty free samples or those types of samples provided by sample making companies that are meant to be used as a sample in your music. If you purchase from those sites -- read closely, some are selling you absolutely royalty free stuff, you can use it with no limitation. Other companies sell the samples under the stipulation that if you get a $$$ placement, you will owe them money and credits because you used their sample....

[@walklatan1014]

Thanks for the post!! So I feel I have a song that may blow up. The producer’s beat is listed as free with purchase option. I was considering buying the beat for profit, but found out through the comments that the beat has a sample that another artist used over a decade ago and that artist also sampled the original song from 3 decades ago. How do I find the original owner of a song and how do I go about trying to get sample clearance?

[@BlakeHeart]

My opinion is to find another beat...there are SOOOO many out there, do you really want this headache? Or buy the beat, make the song - and if it blows up, the label will hopefully be able to get it sorted out for you. But really, it's a pain dealing with samples that can be heard and ID'd in songs.

[@CRASS2047]

If you make a beat that is all original, except maybe a splice drum loop. Is that ok to sell or lease ?

[@BlakeHeart]

Yes, you can use splice loops, they are royalty free. Some stuff gets tricky on splice if you don't change it around, for the melodic loops, because if someone else uses the melodic loop, you may find they beat you to copyrighting it and you may find the if you post a song with the same melodic loop, which you haven't changed much, the algorithm will tell you that you are using copywritten material.

[@Sam-cq9us]

So i ( A producer) can put my sampled beats up for sale on KZbin BUT when and if an artist wants to buy that beat it would be in the best interest of us both for me to tell the artist that the beat is sampled and we both can go from there. or is it illegal for me to post sampled beats on KZbin at all. and if so are there any other platforms because my production is soley based around samples but at the same time i dont want to leave some poor artist out there to have to deal with these publishers if in fact the beat blows up.

[@BlakeHeart]

Ok, I get where you are coming from and this is all one big can of worms with no great answers or not what anyone wants to hear. My best advice, just stay away from sampling with copyrighted songs if you are leasing beats. If you are just making beats for your catalog that you are going to offer to artists, then you can consider using copyrighted samples. Basically the idea is you legally shouldn't be making money off of leasing beats with copy written works in there. Use royalty free samples instead... If you do decide to lease beats with copywrited samples -- should fully disclose to anyone leasing your beat that there was a sample used, and what sample it is. This way they know and they can make the decision as to whether they want to purchase it. I am going to stop there -- there's so many ways this can play out -- everyone is going to make their own decision BUT at the end of the day, you can't profit off of someone else's song for which they have not given you permission to use...that's the simple answer.

[@Sam-cq9us]

@@BlakeHeart Thank you you know anywhere i can find royalty free samples?

[@BlakeHeart]

@@Sam-cq9us A lot of places - Splice is a decent place to start, but there's also Tracklib, and I really like the quality that Soul Surplus puts out

[@Sam-cq9us]

@@BlakeHeart ok cool I'll check them out. Better to be safe thank you

[@JrBeatStar]

You should check out drum broker. They are the best I've heard and used for quality samples. Especially the "crabtree vol"

[@sd3116]

What if I make a beat tape with samples?

[@BlakeHeart]

The reality is that many people are using samples out there in the world - but those that are doing it "successfully" (in quotes because I don't condone it) are the ones that manipulate the samples in a way that they can't be detected by various platform algorithms. If any sample you use gets detected by an algorithm it will either be silenced on the platform, kicked off the platform, or monetized by the owner.

[@Pauxthabeatmaker]

Or for free with no commercial use!!! Can somebody tell me!!! 🤷🏿‍♂️

[@BlakeHeart]

If it is free with no commercial use, that means you can't do stuff that you are getting paid for with it, so that would mean you can't use the sample in a beat and lease the beat or similar. There's no really good answer to all of this - lots of people still love the art of sampling and if the beat gets taken by an artist big enough, than clearing the sample isn't an issue. Also, Tracklib is a great resource to look to for samples because you can easily use other people's music and have all the "paperwork" handled for you up front.

[@Pauxthabeatmaker]

@@BlakeHeart oooookey so if i have a beat tape for free with no commercial use that oké right

[@jdbeast]

What do you suggest for a producer that uses a sample from a sample pack has "master clearance" samples on it, aka the creator of the sample pack says the sample has to be cleared if the song gets placed, but not cleared if it's used for leasing beats?

[@BlakeHeart]

That's a hot debate - and I think that the creators of the sample packs do what they want to do - some of them want to make sure that if the money comes rolling in for a beat made with one of their samples, that they are in on it -- and it seems like that's becoming the norm for a lot of sample pack makers. The market / industry is what people make it to be, and everyone wants to make sure they get their piece of the pie...

[@beatsbyazz1135]

If I downloaded a free sample pack off KZbin that someone else has put out there will I get copyright or sued or what ever if I sell them beats with my drums n that over it or nar?

[@BlakeHeart]

If it is royalty free -- technically you shouldn't but the problem is that other people are using that sample pack and they are creating music with it and they may be the first one to create a protected work MEANING - if you are late to the game on a sample, you may be shut out from using it on platforms that have an algorithm that will pick out that sample and attribute to someone else -- telling you that you are using copy written material owned by someone else. Basically, the first person out ends up the winner -- others end up having to fight KZbin and similar to remove the strikes...AND out in the world, this becomes an issue too, so if you are going to use a sample -- MAKE IT YOUR OWN, put effects on it, mess it up, chop it up, that's my advice....

[@kkbdaplug2843]

can I sell beats using loops and samples from a free sample pack ? like if I downloaded one from cymatics ?

[@BlakeHeart]

Yes -- BUT I will caution that someone else may beat you to "owning" that loop, if they make a song with it first that captures the copyright protection, which is why you really want to be sure that you change up any samples you use so they don't totally sound like the original, straight out of the box, sample....

[@josiahortega8479]

Ive been reading through the comments of this video and i dont think it has been asked or maybe it has lol, but if i'm using a drum sample (808,clap, etc.) that is cleared to a certain extent of landing a placement, am i still able to use it for selling purposes?

[@josiahortega8479]

and like u said just let the artist know that i have an uncleared sample in my composition

[@BlakeHeart]

drum samples are usually safe as a single drum hit -- so you wouldn't need to disclose that. If you use a drum beat that you looped from Clyde Stubblefield - that you took out of a song, that's a drum sample and you need to disclose that --- and don't do that, it's not worth it in the end, lol! Just ask Mark Ronson, lol!

[@D__D-cg3zb]

What if Im using sci-fi sfx from the old movies 🎥?

[@BlakeHeart]

copyright extends for a very long time from the date it entered the world -- so even old sci-fx movies are copyright protected, meaning the audio from them isn't in public domain per se. People obviously use a lot of dialogue parts in songs they post on youtube or sell, but it doesn't mean that there won't be repercussions if you attempt to copyright your own material with it in there..

[@D__D-cg3zb]

Blake Heart Thank you for your time! So, if I won’t planning on gain profit but i’ll do a mixtape of instrumentals with samples in them and SFX I won’t be commuting a copyright infringement?

[@jaquillesharp8168]

Or where can I find royalty free samples?

[@BlakeHeart]

Soul Surplus has some great samples, Splice can be good too - lots to dig through it. Drumbroker BUT a lot of those packs really aren't totally royalty free when you get down to it because if you have a major placement or the song gets major traction, you will need to split some of your $ with the loop/sample creator. It's a crazy world out there!

[@m3kbeatz]

Thanks fo the info 🙏

[@BlakeHeart]

You are very welcome, thank you for watching and taking the time to leave a comment!

[@lohitsharma3097]

Thankyou for the information. Do you know about cymatics ? They say every sample packs from cymatics paid or free are royalty free and if yes they are then they can use for leasing ?

[@sthubertalles]

On their site they tell you that you can sell them with no problem from what I understood... I'm here becouse I don't know if it's ok to sell an exclusive beat that was made using cymatics samples... I know this sounds stupid🤦🏼‍♂️

[@BlakeHeart]

Interesting - exclusive beat - I would definitely share that it includes a cymatics sample. That's important information for the buyer/lessee because depending on how much you mangled it, there could be others out there using it in their music which makes it not really exclusive in the end...

[@BlakeHeart]

For cymatics stuff -- yes, it's royalty free, but that doesn't mean it's going to just live freely, if someone else beats you to making a beat with it - there's a chance they could create something before you do that takes the sample off the market - which is why I suggest totally mangling and chopping any sample you use because thousands of people are using these cymatic samples....

[@sthubertalles]

@@BlakeHeart thank you, you saved me 😂🙏🏻😖

[@jrosenanton]

Super helpful video! I've been writing a few songs with beats I've gotten off beatstars and this has been a concern of mine. Do you have any advice on how to find honest producers and build relationships in that department?

[@BlakeHeart]

I wish I had some advice, but I don't.... I know that Beatstars now asks the producer to state whether a sample has been used, but who knows how producers are really answering that. And if the sample is mangled enough, it can get through many loop holes and even beat the Spotify algorithm. This is really such a tricky area right now, but maybe flat out ask the producer if there are any samples, if so what are they, etc.. and express that you don't want to deal with any issues and that you really love the song...

[@jrosenanton]

@@BlakeHeart that’s good advice, thank you!

[@Royul1crazy]

Hey I have a question.. can I freestyle to a sample for non profit?

[@BlakeHeart]

Not sure I totally understand the question - but if you are not selling/leasing a beat or making any money off a beat, most likely nobody will come after you if there's a sample in it...

[@Royul1crazy]

@@BlakeHeart thank you. I’m a artist and I’m rapping to a beat that has a sample on it. It’s a freestyle video I’m doing but I’m not streaming it or anything like that at all

[@rimeIT]

What if I put 50% of the sales on a separate bankaccount in case sb wants their shares in the future? How high would the payment of the damages be? Do you think this would work?

[@BlakeHeart]

Not a bad idea...but the issue is you could also face penalties -- so in a court of law, they wouldn't just want half of all sales you made, but could enforce additional monetary penalties on you too....

[@rimeIT]

Blake Heart ok that’s pretty sad, I got a lot of good sampled beats and want to sell them but I guess I can’t then..

[@jaquillesharp8168]

What if I lease the beat and only post it on KZbin for free? Will I still get copyright infringement?

[@BlakeHeart]

You may - if the KZbin algorithm detects that it is copy-written material. Some samples are chopped up and pitched enough that it may not catch them, you just never know...but also, AI and that algorithm keep getting better and better with time...

[@jaquillesharp8168]

Blake Heart thanks for responding to me!!! What I lease the beat and only upload it to KZbin for non profit

[@33Treez]

There's better algorithms now that can detect and find industry music samples and resamples... It's actually better to sample from natural organic sounds and or sounds from advertised royalty free samples but keep proof of it some form of way... With all this new software there is new meta data in bedded in your files that can revert it back to the original recorded sample including resamples but a work around is to use older equipment to back sample and then resample it back in... But this is where it's all going in the future tech business of audio if they keep investing in future technology that can detect copyright infringement...

[@BlakeHeart]

Yes, the algorithms are crazy! I had a remix on Soundcloud for like 7 years and this past year whatever new system they implemented must have been able to catch the acapella. I hadn't done anything to it, so it was near the original, but all of the backing music was completely different...so I think that technology just happened this past year! Great comment and thanks for watching!

[@christopherdicola]

great video!

[@BlakeHeart]

Thank you so much!

[@Metamophisis]

This is a great video very informative! I sampled lp’s I never charged anyone a penny for a beat. Only reason I did it is to get exposure for my tracks at the time. I just tried to build and connect with emcees at the time. I didn’t know how to play the keyboard 🎹 at the time and didn’t have one. Going forward I’m just trying to create that’s all. Lp’s cost money 💵 I saw producer Rockwilder use tracklib and that’s $50.00 per sample. I was thinking 🤔 about royalty free samples that’s like $50.00 per sample pack also. I decided to keyboard kit sounds. I got a bass and flute looking to grab a Fender Stratocaster also and a Mpc Live.

[@BlakeHeart]

Yeah, Tracklib can get expensive if you are making a lot of beats...I hear ya. Good luck in making your own sounds, that's really the way to go these days!

[@Metamophisis]

Thanks 🙏🏽 likewise

[@bitchlasagna8232]

So I can't post a beat on KZbin/SoundCloud with an uncleared sample but I can send to a private server like copyright.gov? If that's the case then how do I sell the beat to a rapper? I know I can have them clear it but idk how to sell it to them

[@BlakeHeart]

I don't fully understand your question. You are going to potentially get flagged by the algorithm on some platforms that recognize the sample as someone else's sample. Legally you shouldn't be profiting off of someone else's copy righted material, such as a sample/audio recording from one of your favorite songs. If an artist wants to use your beat with a sample they will need to get the clearance - and you would have an agreement which indicates payment details to you as the producer. Look, this is just the legal way - there are people all over Beatstars leasing beats with uncleared samples - but there's a risk there, that eventually someone comes looking for you to recoup their money since you are making money with their music.

[@edmlead]

@@BlakeHeart except if you bought an exclusive license for the samples use in the beat i think :O is this possible to buy license on a sample? we might have to find the creator of the sample probably

[@jayspubgeee1209]

what if the sample is from a movie? like a quote of someone saying something

[@BlakeHeart]

That is someone else's copyright as well....same situation.

[@Drock18b]

Could I upload a sampled beat on KZbin for free / just for the views ? With Free download links just to get my subscribers up and showcase my vision for the sample ?

[@BlakeHeart]

A lot of people do this, so yes but if the KZbin Algorithm recognizes your sample, your song/video may get blocked. Basically make sure you really manipulate the sample in some way so that it doesn't sound like the original....

[@Drock18b]

Blake Heart thank you

[@xavierfaison1813]

Hey what if you lease a beat with a sample in it then u make a song to it but u put it out for Non-Prophet purposes is that ok?

[@BlakeHeart]

Depending on how prevalent the sample is, you may find that you try and publish it but it gets caught by the algorithm. If you are truly using it for non-profit, you may be able to skirt by until someone catches you and says that you can't use it anymore....

[@xavierfaison1813]

@@BlakeHeart kzbin.info/www/bejne/f37WaGd9fdVsick this is the beat

[@meanwhileinespoo1265]

How about if you are not leasing your beats. Just making samoling youtube videos for fun and having that beat on your channel. But not selling or leasing..

[@meanwhileinespoo1265]

Sampling

[@meanwhileinespoo1265]

Sampling videos

[@BlakeHeart]

Probably not a big deal for fun and not profiting off it or trying to monetize it, if the sample is recognizable then the copyright owner will monetize your video.

[@prodmorningstar]

Time to break samples until they’re no longer recognizable I guess

[@BlakeHeart]

Absolutely, I think that's the only true path nowadays...

[@JoytvOfficial]

Thank you for this i know im 5 years late lol

[@BlakeHeart]

You’re right on time for yourself!

[@darrelljones6403]

I need you as my lawyer, or advisor..

[@BlakeHeart]

Thanks for the compliment, and for watching! Maybe someday I will have the bandwidth to take on some advising and managing, but unfortunately I can't make that happen right now.

[@darrelljones6403]

Ok thanks and if you ever do make sure you connect with me. Love your info your sharing with us. Your much appreciated.

[@wholehearted89]

And I was considering rapping over a sample beat.. It ain't worth it.. just make your own original music

[@BlakeHeart]

Sampling is super fun but it gets sticky sometimes...

[@wholehearted89]

@@BlakeHeart mind if I email you the beat I was gona write to? Just want to hear your thoughts on it

[@dusanspasic9687]

I appreciate your effort, but talking about this as it is stealing music is simply not right, i beg you to reach out for music history and the first type of compositions to realize that sampling was basically one of the first forms in the music, as in history reveals. Fear about making music? come on.. that's so wrong. What about people who are making sampled music who do not profit or have intents to profit? how this is handled? Cheers

[@BlakeHeart]

I am right there with you -- but regardless of what we think, the law says differently. You can totally make sampled music, absolutely, but just not lease it to artists who have no clue there is a sample in it -- so if you are sampling and not leasing, you should have no issues, unless you are posting on places like KZbin and SoundCloud or similar, that may catch it with the algorithm and block it or let the copyright owner's monetize it for themselves...

[@dusanspasic9687]

@@BlakeHeart cheers! but where can I put my beats sample based if I cannot use KZbin or soundcloud for example? :)

[@BlakeHeart]

@@dusanspasic9687 Your beatstore? The problem is that the algorithms are in charge -- they decide if your song, with sample in it, stays and can play, or will be monetized by the copyright holder or will be blocked all together. You have no power over it when you are using samples, that's just the way it is -- but if your samples are not obvious, and can't be picked up by the algorithm, you will likely not have any issues on KZbin or SoundCloud, but I would not monetize them for yourself on KZbin....

[@canigetuuhhh]

Thanks for this video! I've made a lot of songs with some samples from movies and all, guess i'm f*cked if I want to sell them lol

[@BlakeHeart]

Right, if you want to sell them - that might be a hard sell as the purchaser would need to clear the samples to be able to publish them to streaming services...and it would depend on whether the purchaser / lessee has the funds to be able to clear them. Obviously if it's a big name artist - they will have the funds, but there's still no guarantee it can be cleared...

[@NJLakePro]

I sample all the time and have been putting them on BeatStars and KZbin. I guess I’ll just list them as not for sale (at least on BeatStars) just to promote them. Thanks!

[@BlakeHeart]

Thanks for watching!

[@HerEvilTwin]

So basically you just brought up the very same points we’ve been hearing for +30 years. Useless video

[@inheaps]

great advice! thank you!!

[@BlakeHeart]

You are welcome, thanks for watching and for taking the time to leave a comment!

[@DEBODBEEZY]

I definitely needed this 💯.. THANKS 🙏🏾

[@BlakeHeart]

Thanks for watching and taking the time to comment!