Sampling Music and Copyright

Stop what you’re doing, hands off the MPC and close that dodgy YouTube converter! Sampling is an artform but is it a crime? We’re here to set the record straight:

Am I breaking the law?

If you sample an audio recording without the express permission of the owner, you are infringing the owner’s copyright. This means when you sample music or rip audio from TV, film or social media and use them in your songs, if you haven’t got permission from the rights holder, you are infringing their copyright. These are known as ‘uncleared samples.’

Will I go to prison?

Copyright infringement is both a criminal and civil cause of action so using an uncleared sample is a crime. However, the vast majority of copyright infringement is never pursued in the criminal courts and people generally do not go to prison for it. It is usually treated as a private dispute in which the party who has been infringed makes a claim against you. Prison is not a remedy in civil actions, but financial compensation is.

Can I be sued if I haven’t made any money?

Yes. Damages aren’t limited to what you have made. The loss suffered to the other side is also taken into account, such as damage to the other side’s reputation. There isn’t a set method to valuing this.

What if I only use a second of a sample?

Even if the sample is a fraction of a second in length, it can infringe copyright. The law on the issue is often misinterpreted because the Copyright, Designs and Patents Act 1988 requires there to have been copying of a ‘substantial part’ for copyright infringement to take place. However, the meaning of substantial part doesn’t mean the amount of the sample that is used but the quality.

What if the sample is unrecognisable?

Using a sample without permission is infringement but if you flip the sample to the point it is unrecognisable, the sample’s origins are less likely to be discovered and you are less likely to be sued.

Rights Investigations

 In the UK, copyright is not registered, so there is no official database to research and find rights holders. However, when sampling music, TV, and film, certain clues can help identify potential owners. Here are some key points to consider:

Identifying Rights Holders in Music

·        Credits Information: Music credits often include:

o   C Line (©): Indicates the owner of the publishing and compositional rights (musical compositions and lyrics). For example, “© 2024 John Doe.”

o   P Line (℗): Indicates the owner of the master rights or sound recording. For example, “℗ 2024 John Doe Records.”

·        Clearance Requirement: If you wish to sample a song recording, you typically need to clear the sample with both the compositional and master rights holders.

Identifying Rights Holders in TV and Film

·        End Credits: The end credits of TV shows and films usually list:

o   Production company

o   Music supervisor

o   Composer

o   Record label

o   Publishers

·        These entities might control the rights to the sample.

Additional Research Tips

·        Licensing Agents and Publishers: Many rights holders appoint publishers and licensing agents to manage their rights. You can often find the relevant contact by searching for the sample online along with terms like “licensing,” “publisher,” or “agent.”

Contacting Rights Holders

Once you identify the correct contact at the rights holder or licensing agent:

1.        Introduce Your Project: Explain that you are interested in licensing the sample. Provide details about your project, why you want to license the material, and how you intend to use and commercialise it.

2.        Request Information: Ask for relevant information and terms regarding the license, such as the license fee and usage restrictions.

How We Can Help

If the rights holder or licensing agent agrees in principle to allow you to license the sample, they will likely provide a licensing agreement for you to review and sign.

At this stage, we can assist by:

·        Reviewing and Amending: Providing a fee estimate for reviewing and amending the agreement.

·        Negotiating: Negotiating with the licensing agent on aspects such as usage rights, territories, licence fees, and royalties to ensure the agreement meets your needs.

Written by Cassine Bering – Solicitor