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vinyl manufacturing / sample clearance issues


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Hey wassup everyone,

I'm a hip-hop producer based out of eastern Canada. I am trying to press a 7" 45 rpm record, but the vinyl manufacturer (MMS, the only one in Canada) has asked for samples to be cleared before they can go ahead. I'm only pressing 300 copies, many of which will be sent to college radio etc for promo, so sample clearance is not practical or feasible.

My question is this. . .does anyone know of vinyl manufacturers in America or even overseas that turn a blind eye to samples? They are chopped and manipulated very well; I am surprised that 2 samples were actually detected.

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Hey wassup everyone,

I'm a hip-hop producer based out of eastern Canada. I am trying to press a 7" 45 rpm record, but the vinyl manufacturer (MMS, the only one in Canada) has asked for samples to be cleared before they can go ahead. I'm only pressing 300 copies, many of which will be sent to college radio etc for promo, so sample clearance is not practical or feasible.

My question is this. . .does anyone know of vinyl manufacturers in America or even overseas that turn a blind eye to samples? They are chopped and manipulated very well; I am surprised that 2 samples were actually detected.

sample clearances and mechanical licenses aren't all that much trouble to get/buy. I don't think any plants in the US turn a blind eye to it since US copyright law is so tight, especially with music and movies etc...

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Maybe this post is a little sketchy; I'm not really a message boarder so I wasn't thinking like that at the time. But a few cats on here already have sent some helpful private messages, so maybe the rumors about mean people on the internet are not true.

Sorry man, hope I didn't come across as mean, I was just kidding around.

This is actually a really friendly board.

Welcome!

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Definitely NOT United. They do so much business with major labels that they have employees specifically to listen to masters to try to find, identify, and list all of the samples to make you get clearance for them.

Personally, as a future attorney, I believe that movie clips should be considered "fair use" and should NOT require samples. It's not like somebody is going to buy your record because it's full of Scarface samples or whatever. Obviously if your entire record is full of clips from one movie, or it's one of those "breaks" records where it's just a shitload of quotes from the movie, that's different. But if you're putting a stupid quick clip from a movie or TV show or whatever before, during, or after a song, it should not be considered copyright infringement. How the hell are you supposed to calculate what you should pay a movie studio for that sort of thing?

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Definitely NOT United. They do so much business with major labels that they have employees specifically to listen to masters to try to find, identify, and list all of the samples to make you get clearance for them.

Personally, as a future attorney, I believe that movie clips should be considered "fair use" and should NOT require samples. It's not like somebody is going to buy your record because it's full of Scarface samples or whatever. Obviously if your entire record is full of clips from one movie, or it's one of those "breaks" records where it's just a shitload of quotes from the movie, that's different. But if you're putting a stupid quick clip from a movie or TV show or whatever before, during, or after a song, it should not be considered copyright infringement. How the hell are you supposed to calculate what you should pay a movie studio for that sort of thing?

At the same time though, where do you draw the line? One clip? Two clips? A clip in every song? You need a clear distiction. It's either OK or it's not. By saying it's OK sometimes but not other times you wind up with ambiguous laws which just create more issues.

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Thanks again for all the help.

forgeagain> I totally agree with you on this one. If I were making music for a major label or scoring a film, etc., clearing samples would be very reasonable and acceptable. As a hobbyist whose resources are very limited and whose product consists mostly of short run promo items and negative profit, the idea of clearance is not an option.

One more sketchy question: When approaching one of these manufacturers that have been suggested, should I even ask if samples are ok or is it better not to bring it up at all? I'd rather not waste any more time having product and a downpayment held up for weeks only to have to cancel the order because of the sample issue.

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Most pressing plants have a clause in their terms of business that holds them harmless against any litigation resulting from copyright infringement

That does not actually indemnify them. It is just a notch in their favor. If they get popped by the feds and roll over, then they will face lesser penalties. So... its just a step they take, but they are still fully liable. SO... do your best NOT to place the plants in a vulnerable position. Especially URP. They WILL catch anything, even stuff you did not. Like when you did not realize the band recorded a cover. (Just a scenario, not something that I experienced).

Don't do drugs. No nukes. Eat your vitamins.

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Definitely NOT United. They do so much business with major labels that they have employees specifically to listen to masters to try to find, identify, and list all of the samples to make you get clearance for them.

URP was raided a few years back by the Feds and the building was on lock down by armed agents. No shit. Ever since then, they play BY THE BOOKS, and they work very hard to be perfect.

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URP was raided a few years back by the Feds and the building was on lock down by armed agents. No shit. Ever since then, they play BY THE BOOKS, and they work very hard to be perfect.

That's insane. Don't these people have anything better to do? I mean, aren't there much bigger problems they could be throwing their time/energy/$$ into? I understand why they do it-people with lots of money want lots more money, but christ.

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URP was raided a few years back by the Feds and the building was on lock down by armed agents. No shit. Ever since then, they play BY THE BOOKS, and they work very hard to be perfect.

That's insane. Don't these people have anything better to do? I mean, aren't there much bigger problems they could be throwing their time/energy/$$ into? I understand why they do it-people with lots of money want lots more money, but christ.

Not only artists who have made lots of money have their songs sampled. Alot of people who use samples in their music will look specifically for more obscure songs to sample. How would you like it if some hip hop artist sampled a song that you wrote, got popular, and made millions, then didn't pay you anything or give you any credit for the part of your song that was sampled.

It's a very important thing that needs to be regulated.

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How would you like it if some hip hop artist sampled a song that you wrote, got popular, and made millions, then didn't pay you anything.

Many of the soul and funk artists that I sample from do not own their own publishing for various reasons. In such cases, it is difficult to justify forking over money to corporations or Michael Jackson for using a snare.

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How would you like it if some hip hop artist sampled a song that you wrote, got popular, and made millions, then didn't pay you anything.

Many of the soul and funk artists that I sample from do not own their own publishing for various reasons. In such cases, it is difficult to justify forking over money to corporations or Michael Jackson for using a snare.

The artist still usually gets a percentage even if they don't own their own publishing.

If you are just writing your music for your own personal enjoyment, then I wouldn't worry about the samples you use. But if you play your songs in public or ever plan on making any money from your music, you should get the proper clearance. IMO you are disrespecting the funk and soul artists that you are sampling if you don't.

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Oh I completely agree samples should be cleared if they're parts of SONGS. I'm talking about movie clips and shit. How the hell do you even quantify how much you should pay to license a 5 second clip from Cop and a Half?

URP is crazy. Ask the Gilead Bot about all the stuff they found in the Hewhocorrupts 7". Pretty impressive. When I pressed the Master of Profits 7" with them, not only did they press it, but they mastered the damn thing too and didn't care about the clip at the beginning. In fact I had done a few 7"s and LPs there in the past with sound clips as well. When I did a cover song 7", however, I had to get the mechanical license for both songs. Cost $80 total for 500 copies, 2 songs. Big deal. But for a sound clip from a movie....I don't even know how you would clear that.

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Not only artists who have made lots of money have their songs sampled. Alot of people who use samples in their music will look specifically for more obscure songs to sample. How would you like it if some hip hop artist sampled a song that you wrote, got popular, and made millions, then didn't pay you anything or give you any credit for the part of your song that was sampled.

It's a very important thing that needs to be regulated.

I guess I was more mystified by the whole "federal raid, lockdown, armed agent" thing. I understand that there are good reasons for regulations, but surely some of the time, money, and energy spent by the government sending armed agents to stop record plants with unlicensed samples could be better used for, I don't know, stopping gangs from shooting schoolchildren in the streets or something.

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Definitely NOT United. They do so much business with major labels that they have employees specifically to listen to masters to try to find, identify, and list all of the samples to make you get clearance for them.

URP was raided a few years back by the Feds and the building was on lock down by armed agents. No shit. Ever since then, they play BY THE BOOKS, and they work very hard to be perfect.

That seems like a bit much. I mean it's not like it was a drug bust or a drop house or anything.

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