Why Producers Don't Clear Samples

[@DJPain1]

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[@tracklib]

Excellent video on this topic as always 💯 It’s not really true that a rigthsholder on Tracklib could (or so far ever has) pull the plug on a sample clearance because they don’t like/hate the new song. However our clearances do not cover songs that are mainly made for political purposes, and some other extreme use cases. So in cases where someone, for example, makes a song for a political party: our clearances (or any automated system) can’t cover that. This has yet to happen tho, with many many many licenses sold. This is also the case for anyone working with licensing/selling music, Epidemic Sound or Splice alike. It’s a right that cannot be separated/sold from a creator. What could happen is they might say “hey, I don’t like this Tracklib thing anymore, I don’t like these songs that are sampling my tracks” and they could leave the service. This would not nullify the already cleared samples, but it might mean they would not be available on Tracklib (for new producers wanting to sample it) any longer a month or two later down the line. I’d also love to add that whilst you are 10000% right about clearing samples for a beat/instrumental, and it having to be cleared again anyways for the "final" track, if you use Tracklib now: 1. Unlimited clearances can be included in your subscription (15 bucks a month), so you just need a couple minutes to clear the sample and that’s it 2. The buying party would very very much appreciate the sample being available to clear on Tracklib, which makes the clearance process very straightforward and easily doable So whilst clearing it twice is an enormous task generally, I’d say on Tracklib it’s def not

[@DJPain1]

Thank you for clarifying 🙏🏽

[@DjIceCnS]

Another good example is Stevie Wonder. He said to Collio that he will only clear the sample of Past Time Paradise if Collio doesnt use profanity. This is the reason why Gangsters Paradise has no Profanity. Also Aretha Franklyn. If you listen to School Spirit by Kanye West you can hear that all the swear words are reversed or removed. (Imma get on this TV Mama imma put ish down) Very intersting topic and great Video

[@DJPain1]

Great examples

[@davelordy]

Stevie Wonder is a bad mother fucker, when he says there'll be no fucking profanity, you best be-fucking-lieve there'll be no fucking profanity.

[@nicholasrella6904]

But then he gave Weird Al permission to do a parody & then got mad at him for doing the parody that he gave him permission to do 😂😂😂

[@GodSpeed1105]

"At some point your gonna get a big record" Ma bro speaking it into existence 🙏🏻 🔥

[@DJPain1]

You already know

[@severussin]

He be believing in you before you believe in you

[@flavbeatz7127]

Favorite part of the video honestly

[@chosenonebeats]

Thus why samples are cleared for the final song with the lyrics not just the beat.

[@Scyber_Official]

How TF do producers NOT know that they need permission to interpolate a sample? Rock, metal & country bands/acts always need permission to release a cover of a song - the only time they don't need permission is during live performances (unless they record the live cover version and plan to make money from it.)

[@ItsJustAdrean]

Right! You might be able to get away with it on YT but you can't release any cover without a license!

[@GA5aLaProd]

It actually pisses me off how there are so many people in an industry that stay clueless. You can ask questions, but I see some people fighting against the law because KZbin allowed them to post a sampled track

[@DJPain1]

People who don’t know what they’re talking about generally make statements rather than ask questions

[@GA5aLaProd]

😂 this is acc accurate @@DJPain1

[@DrBigFMC]

This is the most comprehensive yet straightforward breakdown of this complex topic. Thanks Pain 👍🏿

[@DJPain1]

Glad it was helpful!

[@TapDaddyBeats]

Preach. I had a rapper tell me the other day on r/makinghiphop "It's ok if I rip beats off KZbin because it's not like these producers own the rights to the samples. They can't copyright strike something they don't own the rights to." This is where we're at. This is the level of tom foolery and bafoonary that we're working with today.

[@DJPain1]

People are morons and proud of it

[@joshuapittman4663]

r/makinghiphop has a lot of dumbasses tbh.

[@Bthelick]

FYI the cover songs law changed not that long ago, if you want to release anything you need both permission and a mechanical licence.

[@David-u5y8n]

If someone steals your underlining composition, copyright it and clear it without the original creator permission, It’s called statutory or willful copyright infringement. Contributory infringement is when a second party knows didn’t directly infringe but benefits from it. Respondent superior means let the master answer “ Employer” take on the responsibility of knowing the infringement existed allowing the artist to infringe. The Record Label has to pay actual damages to the plaintiff, court cost, law fees and give up the rights of stolen music. Usually this is settled out of court. If it’s reaches the court the defendants may have to pay in full. Copyright infringement can land you in prison 5 to 10 years.

[@empiresoulmusic]

I just stopped using samples, or, if I use samples it’s my own work, resampled to get that sample feel 😛

[@sahpreemking1163]

That is a smart move. With a little bit of time and creativity, you can make something as dope as something you would sample.

[@empiresoulmusic]

@@sahpreemking1163 Exactly!

[@sahpreemking1163]

@@empiresoulmusic I come from the era of MPC60, S900/950, and SP12/1200. I sampled everything because I was DJ and not a musician. Too be honest, I didn't even know what music theory was, all I knew was, if it sounded good, and felt good, it was GOOD! Looking back after almost 40 years of producing hip hop, the biggest mistake I made was waiting to learn music theory, instrumentation, arrangement, and most importantly, how the records I used to sample were made, well past the halfway point of my career. Lessoned Learned!

[@empiresoulmusic]

@@sahpreemking1163 better late than never, right? And it’s so much fun!

[@marcusklein2503]

Samples are nothing but notes that create sound waves… no one can own a note(s)Who cares, I’m still going to sample… 😂 Damn gatekeepers… sue me for what, a change in air pressure?😂

[@SynkGD]

would not hold up in court

[@CatDribble]

A painting is just some paint on a canvas, so who cares if I make the same picture and then say it's mine..... You'll care when it's your sample being used and you're losing millions. This mindset, is the sort you have when you feel no one's gonna hear your stuff.

[@JamBurglar]

Appreciate trying to set bright line rules. I think you are missing an important caveat on the clearance of the composition but still believe your overall result is correct. See Newton v. Diamond, 388 F.3d 1189 (9th Cir. 2003). Importantly, in that case the Beastie Boys cleared the copyright on the recording but did not clear the copyright on the composition. James Newton (the composer) sued the Beasties claiming that they violated his copyright on the composition. The Court ruled that "On the undisputed facts of this record, no reasonable juror could find the sampled portion of the composition to be a quantitatively or qualitatively significant portion of the composition as a whole. Quantitatively, the three-note sequence appears only once in Newton's composition. It is difficult to measure the precise relationship between this segment and the composition as a whole, because the score calls for between 180 and 270 seconds of improvisation. When played, however, the segment lasts six seconds and is roughly two percent of the four-and-a-half-minute "Choir" sound recording licensed by Beastie Boys. Qualitatively, this section of the composition is no more significant than any other section." In its conclusion, the Court said "Because Beastie Boys' use of the sound recording was authorized, the sole basis of Newton's infringement action is his remaining copyright interest in the "Choir" composition. We hold that Beastie Boys' use of a brief segment of that composition, consisting of three notes separated by a half-step over a background C note, is not sufficient to sustain a claim for infringement of Newton's copyright in the composition "Choir"." So, the good news is, the Beasties won the lawsuit on the basis that their use of Newton's composition was not quantitatively or qualitatively significant enough to constitute infringement. In other words, there is no bright line rule when it comes to sampling the composition. The Court ruled that the Beastie's use was insignificant enough that there was no liability. The bad news is that they spend hundreds of thousands of dollars defending the lawsuit. The other bad news is that every case is going to get decided on its facts, so you can't really rely on Newton v. Diamond to determine that you are "safe". The takeaway is that you're playing with fire by not clearing.

[@DJPain1]

This is the shit I’m talking about. One case with one judge doesn’t define anything and some new producer is going to read this comment and think, ‘cool, I don’t have to clear a replay.’ Just because some legendary and incredibly wealthy major act spent tens of thousands of dollars on a defense in court and won doesn’t change anything I say in this video. ‘If you replay a sample, you need to clear it.’ I’m not hiding from this statement.

[@JamBurglar]

@@DJPain1 I think you might be misreading what I said. What I said was that even though they won they still got SUED and spent HUNDREDS OF THOUSANDS OF DOLLARS on legal fees. AND, there is no guarantee a different case would turn out the same. If some new producer reads that and thinks "cool, I don't have to clear a replay" then I can't help that person.

[@crnkmnky]

​@@JamBurglar You _could_ help that person by putting the "bad news" and the "takeaway" into separate paragraphs.

[@JamBurglar]

@@crnkmnky Haha! 100%. And maybe not put it at the end of a super-long thesis in a KZbin comment 😂

[@Bthelick]

Regardless of track lib, you're correct anyone involved with the original record can pull permission or use, provided they have vito rights on their own contract in the first place.

[@mastersurreal]

You mean "veto" but otherwise you are correct

[@WillieTonka]

If the amount of money you plan to make from a song is less than what the artist is willing to pay for a lawyer and you don't live in the same country as the artist you are sampling, then just forget the rules and sample it and let them come find you. Most times, they won't come after you until you sell 50-100 k copies.

[@DJPain1]

So intentionally exploit impoverished artists, got it

[@Coolguy8623]

Turn a sample into midi then use it 😅

[@BartSch1pper]

Should you rip an entire beat to use it in your song? probably not. Should you rip a single hit or sample to use in your own song creatively in a different manner? legally speaking no, but you probably can. Sampling has historically always been a part of electronic music. It is a cultural phenomenon. We often assign a certain value to culture. Entire genres were built on the amen break of example. Not to vouch for the fact that the Winstons basically didn't receive royalties, but the importance of sampling cannot be understated. There are basically two scenarios: -Either you are not big enough and if you sample you probably won't be found out or it isn't worth the trouble to pursue you. In this case trying to clear a sample can actually land you in trouble. The artist and label will probably say no and you may get in actual trouble. Your song also probably won't have that much effect on the artists you sample -You are big enough and will draw attention. You should absolutely clear your samples. Also, you probably make enough money to actually give royalties to the artists you sampled. This is my take and summary of the whole problem basically. Everyone is entitled to their own opinion of course. I feel to an extent sampling is okay if you don't steal the core concept of the sample, and use it creatively in a new way. This has always been a part of electronic music culture. But always ask yourself if you are doing your fair share to support other artists, and not harm them in the process of sampling. Sampling is why electronic music has a history, and its importance should not be understated. I hope everyone has a good day.

[@Ilikethatmusic_typebeats]

So what if you’re using tracklib and instead of leasing the beat, you sell exclusive rights. I heard you have to jump through hoops and could take a year or more for the composer to sign off.. I feel like tracklib is another scam also..And I also thought you said before and I could be wrong, that producers don’t have to clear the sample it’s up to the artist.

[@karmmark9585]

Thank you for everything you do for producers. If I sample someone's laughing in a video, do I have to reach out to the individual that recorded the snapchat video?

[@bruceleeds7988]

This situation (DJ Pain's example) Happened to Bad Boy records: DJ Premier and Jeru Da Damaga made a song for Angie Martinez' radio show called "Top Five At Nine" The song contains a sample of Public Enemies "Shut Em Down". Puffy heard the beat and asked Preem if he could give the beat to Biggie. Despite previous issues, Jeru said yes to giving the beat to Biggie. This song was then turned into the legendary "Ten Crack Commandments" However, One person who was extremely upset was Chuck D. Chuck was angry that his voice was now used in a song that teaches people how to sell drugs. he cleared the vocals to be used for a DJ segment, not a Gangsta Rap song. Fortunately, the situation was resolved without having to pull the record from the album.

[@thaiboxing67]

the same technology being used to alter samples in an attempt to "get over" is the same technology being used to uncover altered samples lol. Better to just pay the money which is basically equivalent to what one might pay for high end equipment to make the song using the sample in question as opposed to taking a chance and getting sued which will cost you even more money.

[@thomasmatthews8873]

Sample Clearance through the long route is tedious and headache forming. Years ago, I contacted Next Plateau Records and their publisher concerning a certain sample I wanted to use. The process came to a dead end because the dialog and relationship just couldn't be properly established. I asked all the right questions and spoke to all the right people but they just didn't want to do business with me. So, I ended up not using the sample or releasing an alternative version without the sample because the sample was the whole purpose. But now that Citizen DJ, Splice and Tracklib is a thing, I don't have to go through all that madness.

[@DJPain1]

It probably wasn’t, and I don’t mean this disrespectfully, worth their time.

[@thomasmatthews8873]

@@DJPain1 Maybe or maybe not but for what it's worth: it actually benefited me not to deal with them type folks period.

[@lavenderllamamusic]

My world is more in electronic music, I'm primarily making jersey club tracks as well as some electro house music. My jersey bootlegs sample heavily while my original tracks may only ever, at most, sample the Lyn Collins "Think (About It)" drum break that's ubiquitous among club music as a whole. I'm currently working on a full length album that takes inspiration from Justice's debut album, _Cross_, but i'm thinking of not sampling at all and just recording my own instrumentation and whatnot. Even Xavier from Justice said he doesn't think an album like that could be released today due to the heavy microsampling they did throughout the record. So many of those samples would have to be cleared, lots of money to be spent on that alone. 2007 was a different time where they could get away with more of that (in electronic music, at least)

[@brandonmcbee3776]

I work for an ad agency that does a lot of TV commercial shoots. We regularly use classic songs that are very iconic in our productions. If the rights clearance is outside our budget, we will work with a local producer to create an interpolated version because the clearance is often cheaper. With that said, the song/sample still has to be cleared, no question. This is even more important now that the lawyers who represent big music production companies are using AI tools to find uncleared samples and targeting the musicians who use them. now, is the worst timeline to try to skirt the system.

[@father3dollarbill]

Lol, the way I flip and chop the sample, no one will ever know what it originally was.

[@davelordy]

Use the proper terms man ! Lol : ) it's not the 'master recording' and the 'composition', it's the 'mechanical' and the 'publishing'. _"Donna Summer is dead, you'd have to clear it ['I feel Love'] with her estate"_ Lol, what nonsense is this ! You'd clear it with the publisher, nothing to do with her estate. I've cleared samples from The Police, Simon and Garfunkel and even the Bee Gees, amongst others, it really isn't the issue you're making it out to be, simply approach the publisher (just one in the case of a song published amongst several publishers) tell them what you want to do, and they'll sort it out, it's their job, it's what they do, no one is going to ask you to dig up Donna Summer's body, lol 😉you don't need to contact all the different parties involved, publishers do this for a living, they'll make a few calls and it's done . . . the publisher will get back to you with a yes or a no and a split, with a big artist they'll take sizeable chunk, although with The Police sample I used they only took 50% (which genuinely surprised me!).

[@DJPain1]

🤦🏽 sure

[@davelordy]

​@@DJPain1 Yes, sure, clearing samples is a very well established process, it's been going on for decades, it not a mystery, people aren't having to contact estates and trying to track down the entire publishing chain for a song . . . you're making a pretty straightforward process sound much more involved than it is, you can clear a sample (or at least start the process) with a phone call to the principal publisher.

[@DJPain1]

@@davelordy I’ll just address this in a video.

[@guapogangent5618]

So I can’t use beat samples I get online for free without clearing it?

[@MACE__17]

Based on what you’ve observed throughout your career, what’s the most common reason an entity would deny clearance of a sample?

[@peepholepeople4490]

“Not the current genocidal fascist… the dead one” Okay that makes things clear… unlike Kanye’s samples. 😆

[@Trioptic3D]

If you sample or record anything on February 29th you don't need to get clearance because it's leap day and contracts and copyright law don't apply unless explicitly written into the agreement! You're welcome! 😅

[@DJPain1]

Somebody is gonna spread this as a fact on Reddit

[@KISEwun]

If you write your own rhythms, harmony's and melodies you can eliminate this headache and be a more creative talented artist

[@pjohns92]

Yeh for sure, until someone from the Marvin Gaye estate comes along lol

[@kakehavata]

Hey, when I make enough money with my beats to actually pay for anything, I'll clear my samples lol

[@ProdMattButler]

Pain dropping gems constantly

[@DJPain1]

Thank you for watching

[@mgd9151]

All of the fuss about using someone else's ideas.😂😂😂sampling community is playing itself. Making your own music is cheaper.

[@DJPain1]

Nah

[@egmusic5042]

Excellent video ! this video should be shared and liked a million times over. This such a difficult topic to explain to musicians , people in general. I can just use this video now . Thank you.

[@DJPain1]

Wow, thank you!

[@adxthree4199]

Speaking as an independent singer-songwriter and recording artist, I’ve found the easiest, most effective means of avoiding music-business legal troubles is to commit yourself to exclusively creating music no human being will ever willingly listen to

[@sahpreemking1163]

As a multi-platinum producer with over three decades in the business, I can attest to DJ Pain 1's statements - they're spot on! My own journey echoes this; sampling Quincy Jones and Prince on my first major release was a lesson in itself. Quincy asked for half of my producer royalties and publishing rights, and Prince didn't grant clearance at all. Take it from someone who's not just experienced this firsthand but has also taught the ins and outs at a collegiate level.

[@DJPain1]

I wish all the people I sampled were as generous as Quincy tbh

[@Hidd3nAudio]

Clearing samples? Boring! I'd rather know how to clear rappers' pocket first! Any tips on it? Thanks! 🤣

[@Ouvii]

Even if you do something *actually* transformative it's probably a bad idea to not clear the composition, unless you really want to try taking it to court.

[@ItsJustAdrean]

This madness is why I almost exclusively use royalty free clips, or I don't bother trying to distribute a track with samples I haven't had cleared

[@fentanyljones6956]

Tracklib says in plain english that you must clear it as a final product, be that the beat or the actual song. They actually advertise that you have to clear them to even shop the beats.. I clear mine to shop them then let the artist know they have to clear it as well.

[@GriffinPoole]

word, that's exactly how it should be done...

[@joshualane1716]

@@GriffinPoolethat’s a waste of money. If you’re selling beats on a store page then yeah. But if you’re sending beats to artist directly, and no money changes hands until you get the placement in the record, I wouldn’t even bother. Artist could pay you just like a session player.

[@GriffinPoole]

​@@joshualane1716 why would u send beats to an artist directly without money changin hands? if ur just startin out, ok... but how long are u gonna do that? u should be gettin paid once u kno what ur doin, and don't do anything for an artist who can't afford it... it costs money to this right, especially if the artist plans to release it...

[@MikeMulahMusic]

Then Splice is better

[@Bthelick]

Regarding the Donna Summer track even with the master recording it might no longer be owned by Atlantic, older song's contracts terms may have expired and the master rights have been reclaimed by the artists (or estate) or sold on to another entity. You gotta get your detective on and investigate where it's all gone, that's on you.

[@DJPain1]

Doubt it. Master reversion is rare today and unheard of back then, especially when it comes to black artists

[@Bthelick]

@@DJPain1 Definitely rarer today. Seeing so many kids sign without knowing what "Term: perpetuity" means 🤦🤦

[@kipkebab]

Its easier and cheaper to just make everything yourself 😂

[@DJPain1]

Guitar, amp, pedals, sound card: $2500 Guitar loop: 1 splice credit

[@conchobar]

The number of lawsuits from music owners suing producers of AI music will blow up in the next few years, that legislation will be passed to mitigate it.

[@DJPain1]

Time will tell, but it’s gonna be messy

[@David-u5y8n]

Interpolation of another artist composition and passing on like it’s yours plagiarism and copyright infringement. Needs permission from the original creator for sample clearing.

[@DJPain1]

Correct

[@Tayajoh]

I’m too lazy to use samples.

[@Tayajoh]

@YoungNarcissixt I’m not sure how you’re disagreeing with how lazy I am, and I didn’t mention anything about Hiphop. Was this comment for me or did you reply to the wrong person maybe?

[@Tayajoh]

@YoungNarcissixt no problem brother 😊

[@tontonder8271]

Same 😂

[@paavoilves5416]

Man I bought a record player to sample from vinyl but I don't even sample anymore because of my laziness 😂

[@DJPain1]

@@paavoilves5416 it’s fun man come on

[@showbread9366]

I ❤ not clearing samples. Too slick 😎

[@MurderToCassette]

Very informative and concise, thank you for the excellent information. I do have a question regarding replays/interpolations in one particular song. "I Got A Story To Tell" by Biggie was denied sample clearance multiple times by the original artist Andreas Vollenweider according to Buckwild (who produced the original track containing the sample). As a result, the song almost didn't make the "Life After Death" album until Chucky Thompson replayed the sample. However, if you read the liner notes, the track that was interpolated is not credited. In this case, should they still have cleared the composition?

[@DJPain1]

Liner notes don’t always tell the full story

[@AJayTheDogg]

Sounds like it’s not worth it

[@Bthelick]

Thanks for helping spread the facts. So many get this mixed up, especially in the hip-hop community.

[@DJPain1]

No problem, thank you for watching

[@Iaintthesharpesttoolintheshed]

Sample clearing is such a bureaucratic scam

[@DJPain1]

I hate how convoluted it is

[@busywl69]

Too many folks out there do not even want to pay for music period. But these search algorithms are way too good now. They will find you.

[@jheronimusduko7998]

What about drum one shots?

[@Sneakycat1971]

I wouldn't worry about it unless your song starts trending. If it starts trending pull the song off the internet and then try to get sample clearance. Unfortunately the technology is getting where you won't even be able to upload a trash song without the sample being recognized.

[@DJPain1]

You contradicted yourself 🤷🏽

[@Sneakycat1971]

@@DJPain1 explain

[@Sneakycat1971]

@@DJPain1 the technology is there and probably open source waiting for someone to create the service for labels to find their copyrighted material in other people's music. The service may not exist yet so keep sampling kiddies and don't worry about the law. Young people's music is supposed to be rebellious anyway.

[@octavianjoseph8544]

If I had pain on my team my chances of success would be higher than where I’m at currently

[@DJPain1]

I am on your team

[@Gainn]

Here's a conundrum for you. I made a track in 99 that contains a small melodic sample that I snipped off a CD I had, but I cannot remember what it was from or find the original. I've tried everything I can think of to find out where I got it from, but no luck. How the hell do I climb out of that rabbit hole?

[@Ryanez93]

One can only imagine..

[@damirvucic]

I just had a copyright claim launched against me by UMG. I believe this 💯 The owner let me keep the beat but I decided to remove it. I would have been fucked if this beat made millions. But…my beat had only 6 views…i am not popular but was dope as fuck the last 20 years!!!

[@ByGodsGrace99]

As a fan of yours, I came back to this video to say that I believe the battle for human IP game is over. AI is going to completely take over and no samples will need to be cleared unless there's regulation. I've created several AI songs based off of prompts that sound Taylor Swift level. If this thing goes unregulated, you won't need SPLICE or any samples since some of these AI music generators use public music databases. Legally, they're covered. Just curious about what you have to say about this?

[@DJPain1]

Hey if it’s over, I don’t need to comment

[@ByGodsGrace99]

@@DJPain1 Haha I respect the Stoic response. Keep winning! Maybe I'm being pessimistic lol

[@alfredmuveestarrmickens6841]

People want stuff for free. I grew up during a period in music where sampling didn't exist. You had to know how to play an instrument or use studio musicians.

[@DJPain1]

The first sampler came out in the late 60s and was cost-prohibitive.

[@DeyquanBowens]

Hey man, I teach piano and I often open my videos up with advanced chord progressions. An artist interpolated my chord progression from KZbin without permission, is this something I can pursue? 🤷🏾‍♂️

[@DJPain1]

I’m not a lawyer unfortunately

[@yungmentalproblems]

Oh boohoo. You don't own chord progressions lol

[@oregonvibez]

Pain, could you share a line about your overall experience making the Enter Sandman Remix beat for Jarren Benton? Absolute epic banger of a piece, I know it was just a remix but was there anything you had to do to make sure it didn't get copyright claimed??

[@DJPain1]

It was a replay, not sure what his label did

[@austinedeclan10]

Compose your own original music or stick to free sample libraries and public domain music for your samples

[@DJPain1]

Or learn about sampling procedures, IP law, the music business in general, and stop fearing information 🧠

[@austinedeclan10]

@@DJPain1 When one has the time and resources for all that, sure. As you're learning, the creative commons license is your friend. Awesome video.

[@lyricsmatter_University]

Appreciate The WISDOM, Ish Only Comes From Putting In The Work ... Peace.

[@klinkske]

Muzieklover is typical dutch. Combine dutch with english. The also combine french with dutch. And then you get ‘shusdoraans’ - ( sounds like shu doh rawanges) jus d ‘oranges. Orange juice. Yeah i m not dutch. Thank god 😅

[@nine27]

just flip it and take the suit. the mainstream industry as we know it is over. who cares.. there are like 5 big rappers left. you don’t need the industry to have a career. those days are over. now if you want to play their game the. yeah but rules and laws are meant to be broken. they are everyday by the people who make them.

[@DJPain1]

😂😂

[@uploadmusic69]

Would love to hear an example behind a sample being successfully cleared for a hit song and what it took . I wonder how successful a song has to be in order for making all this money and process worth the trouble

[@marcusboone6045]

Question. Does interpolation only apply to melodies? Drum patterns, beats, rhythms, progressions get recycled regularly. How does this differ from making music within a given genre. There appears to be a double standard, thoughts?

[@truthseeker36]

I love making sample beats, but I’ve been hesitant to use them due to the fear of clearing samples. 😢 What you’re saying makes a lot of sense, though. 🙌🔥Should I continue creating these beats and sell them to major artists, letting them handle the clearance? Or do you suggest another approach? 🤔

[@DJPain1]

Make what you love, that’s all I can tell you.

[@DJPain1]

Make what you love, that’s all I can tell you

[@truthseeker36]

@@DJPain1 you’re right. Ima make what I want without a care in the world. if I get sued, so what. 🤷‍♂️ 🔥☄️

[@thereal_a_ali]

This is why I am perfectly fine with not being a producer. This is also why I take my hat off to them because that's a lot of hard work and stress to endure, especially if you don't know what you're doing.

[@DjIceCnS]

Sampling is a great Art Form but I think its over. Especially with A.I. Sample snitches are everywhere now. They sit all day long on their computer and use A.I. to discover samples on tracks.

[@airfixx_8952]

Knowing the ins and outs of all this is simply the price one pays for trying to earn a living whilst leaning on the material of those that came before you. These laws are 30+ years old.... It's nothing new and let's face; it one can always choose to write and produce sample-free music instead...... Just depends how strong their creative urges are, I guess.

[@DanielleKingdjdinosaur]

i sometimes do productions but as nearly no one is listening or watching i just go ahead and do whatever i want .I am never going to have a huge hit or a tune that goes viral so i will just fck around and no one will notice.The worst that ever happens is that youtube get upset ..a bit.As i am a nobody its not for ever and im right back to what ever it i am doing but not to worry i have no top forty ambitions

[@DJPain1]

Don’t be so fatalistic man

[@thegnsinc]

Ok, man, THANK U for this! VERY helpful & gave me somewhere to start from - IF I ever decide to sample something 🤝🏾✊🏾

[@pheenixdown]

The ROI for clearing samples is just not really within our best interests as producers. I’d rather collaborate with sample/loop creators 🫡

[@DJPain1]

That too

[@werthersoriginal]

So how are DJs able to play their sets live/recorded here on KZbin? Everything that comes out of those decks (hours long) is copyrighted.

[@DJPain1]

And they get copyright claimed on every one of their videos.

[@werthersoriginal]

@@DJPain1 Thank you, I'm not trying to be argumentative just to be clear. I'm asking because I would like to do live sets where maybe 80/20 is my music with drops from samples and I see channels like this "dnballstars". How is it all their content is still up?

[@crnkmnky]

​@@werthersoriginal It depends. With some songs, you'll get a copyright strike (bad). Other songs, they'll remove it or confiscate your ad revenue. Sometimes nothing happens.

[@malegria9641]

Personally I don’t use many samples, I use soundbites from copyright free works because my genre is soundbite heavy 😛

[@KitKalvert]

Whole industry is bent. Ive bootegged over 20 tracks. not arsed. sue me... sue me for what?

[@nicholasrella6904]

The best example is Lord Tariq & Peter Gunz. Those guys are still mad at Steely Dan. Like it or not, it's their property & they have the right to do whatever they want with it.

[@necolekey]

I am currently negotiating with Future and Metro Boomin use of Rodney O track Everlasting Bass. As well filed the recent infringement lawsuit against Who TF is Up my trap for failure to obtain mechanical license and failure to resolve split dispute. YES two sides must be cleared only Publishing needs to be cleared for interpolation. MASTER owner usually is the label or can be the artists like in my case. The publishers are the ones that approve the composition and represent the writers so you get approval from them. Depending if the publishers have a non exclusive or exclusive agreement depends if you need all of their approval. Also when you make the deal and end in a split dispute on the composition side that doesn't add up to a 100% make sure you resolve it 30 days after the release. If you don't the sample owner can terminate the composition mechanical licenses agreement which in turns makes the it infringement to reproduce distribute on streaming sites. Hope that helps

[@kkrotobeatz]

learn music theory and start making your own melodies and avoid all this headache🔊🔊🔊🔊🔊🔊

[@freudianslipandslide]

Easiest solution is to actually do the work and learn music. It will reduce the value of the record labels power and you will create something of your own. Win win!

[@skyd6692]

So even if i ninja the hell out of a record it still needs clearance ?

[@DJPain1]

Do whatever you want man. I made the video, my job is done.

[@jonahblock]

Make art first, ask permission later

[@DJPain1]

You’ll be asking for leniency, not permission

[@rtholman83]

Remember the Robin Thicke lawsuit with BLURRED LINES for sampling a Marvin Gaye song?

[@ItsJustAdrean]

Interpolating but yes!

[@aoterou]

Wow dude, I don’t disagree with you but wow, you do have contempt for your own audience… if you consider the people who watches your videos absolute imbeciles what does it say about you?

[@Tora_Dj]

Always super informative! Question, so for me an upcoming producer who samples what woud You say is the best place to get samples? Because I feel like every time I go to make music I’m Stuck thinking dam how can I release this will It get taken down etc.

[@Tayajoh]

Thank you for continuing to provide helpful information! ❤🙏

[@DJPain1]

Any time!

[@osmvexi]

dont ever stop posting these vids bro

[@DJPain1]

I’m losing my patience ngl

[@rcha2024]

what if the samples are not "music" or "melodies" , what about little snippets that are in old sample collection CDs from the early 2000s and libraries with fx sounds or little vocal bits ...where can we go to find out if seemingly unknown little audio snippets and fx audio samples are ok to use before releasing a track ?

[@DJPain1]

If it’s on a cd, there are terms. It’s easy to read them.

[@rcha2024]

@DJPain1 how would small pieces of audio be detected, via algorithms ? or would it be by chance when someone would eventually recognize that tiny piece of audio, and report it or flag it ? ....i mean in a busy sounding composition, are algorithms able to detect a small vocal or sound fx audio inside a noisy music composition ?

[@rcha2024]

@DJPain1 is there a place where a person can feed a small sample in to a search box, and find out if it belongs to someone ? or if there's an organization that is claiming ownership ? how does sample clearance happen when there's no knowledge where the sample came from ?

[@yungwhop]

@@rcha2024Shhhhh 😉

[@AllOutOnline]

What you are basically saying is, if any artist leans to the right and goes against the liberal group think, you run the risk of getting censored or black balled. Funny when people who are calling certain figures FASCISTS are the ones saying better not go against what we say or we will “ACT LIKE FASCISTS” Amazing. And for the record, IDC what anyone’s politics are. FREE SPEECH no matter what.

[@DJPain1]

I don’t think the right has the monopoly on free speech when neteyahu’s government is conservative af and they’re killing journalists and arresting critics of Israel as much as possible. Biden and the democrats are aligned with this type of fascism and are pushing censorship, genocide and all kjdsnof fascism. Liberals aren’t really left of anything.

[@AllOutOnline]

@@DJPain1 Im not against what you are saying. I was commenting on the fact that you pointed out what the industry is doing to Kanye and others, and it’s wrong regardless of how extreme and ridiculous his speech may seem. The fact that these labels are aligned with the same interests that CONTROL artists (free spirited) people’s speech just goes to show that it’s all rigged. The politics of other countries, when it comes to war, im not getting into that here, I live in the USA and our music culture is being steered, and directed by infiltrators who are against the founding principles of this nation. I’d love to have an actual discussion about this at some point, but I think we agree on more than we disagree on. Respect for saying the quiet part out loud. People need to know that this is going on especially if we are ever going to clean up the mess of the industry and make music great again. Do you think it’s possible to save it or is it f*cked?

[@DJPain1]

@@AllOutOnline I just saw a fan tell Russ to save his opinions on politics. I’m not hopeful. Today’s so-called conscious rappers are scared to say ‘killing 15000 children is wrong.’

[@olabassey3142]

lmao so if you’re a christian and a devil worshipper sampled your song then praised satan on it you would clear it or you would pull it? i love how the right pretends like they are free speech absolutists 😂.

[@Ed-ss1uh]

​@@olabassey3142evangelicals on the right are a dying breed no one cares about bible thumpers, I don't speak for op but most folks are anti- establishment and don't care about the reactive individuals temporary emotion and MSM ideology.

[@tyronethomas820]

This A bunch of bullshit

[@truthseeker36]

What part? 🤔

[@79Daver]

Muziek is Dutch for music in Dutch. There are more languages in the world than english lol

[@danceablesolutions]

Great video. Despite the name Giorgio is German not Italian. Forgive my pedantry.

[@tonybeatbutcher]

They need change the law, for non profit social media use

[@katyg3873]

Ken actually did a ton of stuff on college dropout. Even some of the ‘female’ vocals 😂

[@d_man_beats]

Always giving great information!!

[@dopeysnow1561]

If you’re an artist with like 10 monthly listeners and your new song has a sample. At what point should you start taking the steps to clear it? 1,000 streams? 10,000 streams?

[@DJPain1]

Probably a million or maybe more

[@ItsJustAdrean]

You should at that point focus more on keeping the distributors from yanking your tracks tbh. Because if you get enough strikes you have to start all over from nothing

[@606808909]

He says"i feel the love" then right away "I feel love". I wouldn't trust this guy forgot the song name in 1 second. Yikes 😅. You don't need to clear all samples amen break ?.....Think break?.....apache break?.......😂

[@crnkmnky]

Just because people get away with it, doesn't make following their examples a wise gameplan. What's more embarrassing, saying one extra word or typing a whole comment like a 10 year old? 🤔

[@606808909]

@@crnkmnky I wouldn't call it getting away with it when whole genres have been made out of it (DnB,Jungle). Also its very embarrassing that you can't seem to make sense of what you are writing ?. I made a comment on.......a comment section........so I must be 10 years old.........?. Edit I see why you so salty I just checked ya channel....haha

[@crnkmnky]

@@606808909 Those breaks are indeed copyrighted, regardless of how many genres sample them without public consequences. Following those examples and pretending it's perfectly legal is unwise. Again, your typing leaves a lot to be desired, so it's funny that you would use one little mistake to delegitimize everything else Pain said. I'm not sure why you thought making fun of my silly channel would give you the upper hand. It's still better than yours. 🤷

[@crnkmnky]

@@606808909 _(2nd attempt to post)_ Those breaks are indeed copyrighted, regardless of how many genres sample them without public consequences. Following those examples and pretending it's perfectly legal is unwise. Again, your typing leaves a lot to be desired, so it's funny that you would use one little mistake to delegitimize everything else Pain said. I'm not sure why you thought making fun of my silly channel would give you the upper hand. It's still better than yours. 🤷

[@crnkmnky]

@@606808909 _(3rd attempt, part 1/3)_ Those breaks are indeed copyrighted, regardless of how many genres sample them without public consequences. Following those examples and pretending it's perfectly legal is unwise.

[@arijevacgaming921]

Once again you're doing the heavy lifting for us! Keep it comming brother!

[@DJPain1]

Will do!

[@remy5356]

I made a track with a vocal ripped from a track with ripx. Rearranged it.. pitched different etc. What should i clear? The lyrics? The music is 100% mine

[@DJPain1]

You sampled an existing recording of song lyrics. You clear the master and the composition just like any other sample

[@soundgrips]

Hey Pain how does your soundkit subscription work in comparison to TrackLib? If I use your samples do the artists who buy my beat (that use your samples) have to also clear the samples themselves like a TrackLib beat needs?

[@DJPain1]

Nope no clearance in olved