clearing samples of spoken word (1 Viewer)

[swingkid]

anyone know much about clearing samples of spoken word for use on a release?
the sample in question is just a couple of seconds, but its probably pretty recognizable, just want to know the legality of it all, or even if it would be an issue seeing as its so short...

thanks

 

[lemonbravo]

anyone know much about clearing samples of spoken word for use on a release?
the sample in question is just a couple of seconds, but its probably pretty recognizable, just want to know the legality of it all, or even if it would be an issue seeing as its so short...

thanks

my understanding is, legally, you need to get the permission of the person being sampled, (or their estate if deceased.)
Then depending on where the sample is coming from, permission from the label/company/person etc that recorded it.

If the recording is in the public domain then you don't need clearance.

I'm not 100% on this though.....

 

[lemonbravo]

http://www.creative-choices.co.uk/knowledge/quick-guides/how-to-clear-samples

http://www.nolo.com/legal-encyclopedia/article-29725.html


http://www.beatblog.typepad.com/melon/2007/05/music_law_clear.html

 

[swingkid]

thanks stephen

 

[Goodbye]

There is also the point of view of chancing it.
If the chances of the person or anyone connected to said person will EVER hear something by an obscure Dublin indie band... you could totally get away with it.

I know someone from the Mound could back me up here

 

[washingcattle]

Yeah fuck it just use the thing. The whole world of copyright is falling down around the internets ears anyway. At worst you'll get all your royalties taken off you like the verve did with bittersweet symphony but if you don't expect any then fuck it.

 

[Red_Dog]

If its from one of my spoken word tapes then use away!

 

[washingcattle]

If its from one of my spoken word tapes then use away!

Deadly are you doing a spoken word tour any time soon? I will be front row center.

 

[D0njo]

Just use it, fo 'sho

 

[pissypants]

Alternatively you might consider producing a copycat recording of the audio.
If you want to licence your recording going forward this can be a good idea - e.g. someone wants to use it in an advert or film, but won't want to use yours because they don't want to take the risk on the sample.

 

[lemonbravo]

Alternatively you might consider producing a copycat recording of the audio.
If you want to licence your recording going forward this can be a good idea - e.g. someone wants to use it in an advert or film, but won't want to use yours because they don't want to take the risk on the sample.

yes, but in spoken word the text and the recording can need clearance.

But I agree, highly unlikely it would ever be a problem for a limited release.

 

[pissypants]

yes, but in spoken word the text and the recording can need clearance.

But I agree, highly unlikely it would ever be a problem for a limited release.

That's true - I didn't mention it because I thought it was evident: Change the words slightly too so that you're not saying exactly what they said (and re-record it so that you're not using their sound recording either.) Both the words that are being said, and the sound recording of those words are copyrighted.

 

[lemonbravo]

That's true - I didn't mention it because I thought it was evident:

I'm thick as a plank.

 

[pissypants]

I'm thick as a plank.

Luckily you're devastatingly handsome..

 

[lemonbravo]

Luckily you're devastatingly handsome..

*^_^*