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How do you get permission to sample a TV clip?


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Unless its Lucasfilm or you plan on making a hit single than I doubt anyone will waste time or money on a lawsuit. As for fair use it's probably not.

the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

the nature of the copyrighted work;

the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

the effect of the use upon the potential market for or value of the copyrighted work.

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I think that only applies to classroom/instructors use only.

I dunno, I've heard that about music, too. Don't know if it's true, but whatever.

This is a myth. Tons of rappers got in trouble for this in the early 90s. Surely you guys have heard of Vanilla Ice vs. Queen, or Biz Markie vs. whoever it was that he sampled. Fair use is super vague, on purpose, and takes more into account than just the length of the sample:

>Recognizability of the sample

>Whether the work is for commercial use, and

>The effect that using the sample will have on the future marketability of the sample (AKA: will your appropriation of this work discourage others from trying to license it for their own use)

This is why, even if copyright holders find out about it, there's usually no legal ramifications when some semi-obscure band self-releases an album with a random movie soundclip between tracks, whereas an artist who samples a recognizable guitar riff as part of the central hook of their big single will always have to get their ducks in a row.

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It will take months of boring legal stuff and you will end up having to pay too much in licensing fees for a 3 second sample that will be on 500 7"s. Just do it, man. Find a pressing plant that's lax about that kind of thing.

Any idea what plants are on the "lax" side of things?

I'm guessing anyone who does know this probably won't give an answer on a public forum. Your best bet is to contact labels who have released records with samples on them and ask them where they get their stuff done.

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Any idea what plants are on the "lax" side of things?

I'm guessing anyone who does know this probably won't give an answer on a public forum. Your best bet is to contact labels who have released records with samples on them and ask them where they get their stuff done.

Makes sense.

Well if anyone is willing to share send me a PM.

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It will take months of boring legal stuff and you will end up having to pay too much in licensing fees for a 3 second sample that will be on 500 7"s. Just do it, man. Find a pressing plant that's lax about that kind of thing.

Any idea what plants are on the "lax" side of things?

If you PM me I will tell you

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It's probably covered by fair use doctrine, and you won't need permission.

This Gent is on the right track. With Fair Use it often depends on context or accessibility.

Odds are you can legally use the clip, provided you aren't using a gratuitous amount, anyway. It is always better to get a legal opinion in advance but like referenced above it is probably out of the budget of a band seeking to press a few hundred records. If you get hit with a lawsuit you can find grounds for defense.

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