Q & A
Each month, MusicBizAdvice.com answers your questions about the music industry.
Do I have to obtain a license for samples if I don't plan to sell
CDs?
Q: I am not planning to sell my demo - I'm not making money. I don't have to
clear samples right?
A: I am sorry to say this is not correct. Since DISTRIBUTION and PERFORMANCE
are covered under copyright laws, you still have to clear the sample. The
licenses cover units PRESSED not units sold :) And you can opt for short-run
pressing licenses too.
The owners of the sound recording copyright, the publisher, and the writers
can deny you use of their song in this way. A license to use a sound
recording is a non-compulsory mechanical license for use on a new record.
They do not have to grant permission to you.
My advice: Get rid of the audio samples and apply for a compulsory
mechanical license on the song you want to use. Then, have someone REPLAY
(thus it becomes a COVER and also a new sound recording) the segment of that
song in a new performance. You still have to pay per unit pressed, but it's
MUCH cheaper and keeps you out of court! The cost? 9.1 cents variable rate,
per song, per unit pressed, up to five minutes in length. You may apply for
this license via Harry Fox Agency http://www.harryfox.com. Going through the
publisher is OK too, but you might find yourself against a lot of walls and
with a lot of closed doors. The Harry Fox Agency can act as a go between and
can advise you even further on the particulars.
Uncleared samples are always a no-no! At least this gives you an option. I
know this is frustrating but some things are worth the risk... this isn't
one of them. Please let me know if you need more help!
Darcie-Nicole Wicknick, Founder
"...Ask Darcie" Freelance Music Business Services
Website: http://askdarcie.tripod.com
(617) 787-5798
AOL IM: askdarcie
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