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Licensing Info:
Most
samplists can't afford to license their samples. Sometimes the entity
maintaining the copyright can really shake you down for a lot of loot.
Sometimes there are too many samples to license. But don't give up completely.
You'll have a tough time licensing your sampling work for TV, film and
video games if your samples aren't cleared.
Pros
and Cons : The problem is, as you know, once you contact a publisher
or artist, they're on to you. A friend of mine once descibed it as, "Returning
stolen merchandise and asking to pay for it." So, what to do. That's up
to you. Here's what can happen if you don't license though. First, you
and/or your label can be sued for upwards of $250,000, if not more, depending
upon their damages. Keep in mind, the law frowns upon intentional infringement
more than accidental infringement. Second, even if they never find you
out, if you ever get sampled by someone and want to sue, you have to prove
in court that you have a valid copyright in the original recording. If
you sample without a license, then, technically, you don't have a valid
copyright and will probably not win any lawsuits. Anyone can take your
beats! Then again, they can get sued by whomever you sampled.
On
the other hand, even if you do license your samples or make overtures
to license, you can still have problems. Take The Verve, for example.
In "Bittersweet Symphony", they sampled an orchestrated version of The
Rolling Stones' "Last Time". They licensed the sample from the Stones.
Once the song got popular, the Stones sued them because the sample was
too prominent in the song, which violated their licensing agreement. When
the song was nominated for a Grammy, Keith Richards and Mick Jagger were
named as the nominees. To make matters worse, they also were sued by the
guy who owned the recording rights to the orchestrated version. Also refer
to Newton v. Diamond,
wherein the Beastie Boys licensed the sound recording right to a flute
sample but were still sued for violating the composition rights. (They
won though.)
Read
Horror Stories of Sample Licensing for More
Read
Artists' Quotes on Sampling & Licensing for More
Want
to have some fun? There are two major licensors of music in America.
ASCAP and BMI. You can pretty much bet that the guy you're sampling is
affiliated with one or the other. So, try this for fun: Go to ASCAP's
ACE Search and type in the title of the song or performer you're sampling.
You'll most likely get an address of who the publisher or administrator
of the copyright is. Then you can call them, blow your cover, and ask
how much it would cost to license that Herb Alpert lick. For more fun,
also try Songfile, BMI, which doesn't always
work for some reason, and Music
Publishers Association.
Also
check out these entities which are in the business of licensing media:
BZ/
Rights and Permissions Inc.
Barbara Zimmerman
President
121 West 27th St., Suite 901
NY, NY 10001
phone: 212-924-3000
fax: 212-924-2525
e-mail: bz@bzrights.com
http://www.bzrights.com
Clearance
Consultants
10669 Santa Monica Blvd., Los Angeles, CA 90025
310-441-2600
Contact: Jeanne Fay and Jody Silverman
Copyright
Clearinghouse, Inc.
405 Riverside Drive
Burbank, CA 91506
Phone: 818-558-3480
Fax: 818-558-3474
Contact: Anita Hunsaker, Vice President,
Ron Gertz, Chairman & Chief Executive Officer
Copyright
Music and Visuals
67 Portland St., 1st Floor, Toronto, Ontario, Canada M5V 2M9
416-979-3333
Contact: John R. Ciccone, President
Diamond
Time LTD. 73 Spring st., Suite 504, New York, NY 10012
212-274-1006
Contact: Cathy Carapella, Vice President of Operation
Essex Entertainment Inc.
144 2nd Ave. North, Suite 150, Nashville, TN 37201
615-244-9305
Contact: Cheryl Melton
Deborah
Mannis-Gardner
DMG
13 Robin Lane
Hockessin, Del. 19707
Tel. 302-239-6337
deborah@dmgclearance.com
Arlene
Fishbach Enterprises
1223 Wilshire Blvd., #304
Santa Monica, CA 90403
310 451-5916
Contact: Arlene Fishbach, President
Fricon
Entertainment Co. Inc.
1048 S. Ogden Dr., Los Angeles, CA 90019-6501
213-931-7323
Contact: Gay DiFusco, Vice President
Evan
M. Greenspan Inc.
11846 Ventura Blvd., Suite 140, Studio City, CA 91604
818-762-9656
Contact: Evan Greenspan, President
Media
Rights Inc.
6100 Wilshire Blvd., Suite 1500, Los Angeles, CA 90048
213-954-0181
Contacts: Melody Siroty, President
Scott Cruchley, Vice President
Jill
Meyers Music Consultants
10669 Santa Monica Blvd., Los Angeles, CA 90025
310-441-2604
Contacts: Jill Meyers, Bonnie Greenberg, Partners
Powerplay
11227 Babbitt Ave., Granada Hills, CA 91344
818-368-4018
Contacts: Angela Longo, Barry Ennis
Diane
Prentice Music Clearance Inc.
8720 Woodley Ave., Suite 232, North Hills, CA 91343
818-830-1270
Contact: Diane Prentice, Vice President
Reel
Music Ltd.
602 N. Harper Ave., Los Angeles, CA 90048
Contact: Robin Urdang, President
Screenmusic
International
11684 Ventura Blvd.,Suite 850, Studio City, CA 91604
818-985-9997
Contact: Kelly Sweeney Walsh, Music Clearance Administrator
SIGNATURE
SOUND, INC.
71 West 23rd Street
New York, NY 10010
Phone: 212 989-0011
Fax: 212 989-3576
Elliot Schrager, President
Dorothy Krantz, Executive VP
Sound
Thinking
1534 N. Moorpark Rd., Suite 333, Thousand Oaks, CA 91360
805-495-3306 (phone and fax)
Contact: Cary Ginell
Harris
Tulchin & Associates
Trident Center, 11377 West Olympic Blvd., Second Floor, Los Angeles,
CA 90064-1663
Phone: 310.914.7979 -- Fax: 310.914.7927
Email: entesquire@aol.com -- Contact:
Harris Tulchin
Suzy
Vaughan Associates
2029 Century Park East, Suite 450, Los Angeles, CA 90067
310-556-1409 -- E-mail:suzyesq@primenet.com
Contact: Suzy Vaughan, President
The
Winogradsky Co.
12408 Jolette Ave., Granada Hills, CA 91344
818-368-3538; fax: 818-366-1737
Contact: Steven Winogradsky, President
Email: 72301.435@compuserve.com
www.Ad-music.com
Yair Nitzani
Tel 972 3 561 7711
F 972 3 561 5665
Also
check out:
- Copyright
Clearance Center Online - providing automated rights clearance on
the WWW
- Copyright
Consultants - provides fast, accurate registration of copyrights
for writers, artists and others, covering the entire entertainment community.
- Copyright
Control Services - acts on behalf of it's clients to resolve issues
of copyright infringement (piracy) of their clients' intellectual property
taking place on the Internet and elsewhere.
- Copyright
Licensing Agency (CLA) - the UK's reproduction rights organisation.
- Copyright
Resource Company, LLC - Located in Washington, DC, we are familiar
with and have direct access to all records in the Library of Congress'
Office of Copyright and the Trademark Office.
- Dynamik
Music Limited - international dance music licensing agents.
- Evan
M. Greenspan, Inc. (EMG) - handles the permission process for music
clearances in motion pictures, television, home video and multimedia.
- John
W. Peterson Music Company - copyright administration company which
manages the song catalog of John W. Peterson as well as a small group
of other composer/writers.
- Kohn
On Music Licensing
- MPI
Clearance Services - obtains music licenses, celebrity releases,
film clip and stock footage agreements, and copyright/title/trademark
reports.
- National
Creative Registry Online - offers complete writer's registration
services; you can protect your original work in minutes, right from
your computer.
- Parker
Music Group - offers music, copyright and song clearance services
and licensing for all media.
- Protecrea
- online works certification center.
- Shinwon
Agency - arranges contracts between Korean publishers and foreign
authors, agents, and publishers.
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