middleaudio.com

So, I have a rather interesting question posed to me by a commercial client who's usually rather knowledgeable on these matters. The question is actually rather involved and I dont' know if anyone on here would have the answer (maybe Andrew) but I thought I'd ask anyways. Because mayeb one of you have come across this before.

If a film company wants permission to use an artist's song for a commercial but that artist's song contains samples that were optained by yet another artists, do you need the rights from both artists? I figure that you would but I'm just not certain. This is the first time I've run into this.

Very much a grey area. Did the artist pay for the samples in the first place? Are you able to show the example?

macrae11 wrote:Very much a grey area. Did the artist pay for the samples in the first place? Are you able to show the example?

The song is "Anybody Listening" by Classified.

http://www.youtube.com/watch?v=hSH_f8gtrqw

The sample is from "No Reply at All" by Genesis.

http://www.youtube.com/watch?v=DisZ6qmNdbo

I'm pretty sure the rights have been paid for as it was a pretty good sized hit on the Canadian charts.

My instinct would be if the "sample" required clearance for use in the other song, it probably will require it's own clearance for synchronization.

Interesting question. Now you've got me wanting to know.

Permission to post your question elsewhere Matt?

Malcolm Boyce wrote:Permission to ask post your question elsewhere Matt?

By all means.

I'm really curious myself, although the client has decided to go a simpler route in this case. My impression is that sync rights need to be acquired from both sources, but I can't be certain.

So far, two things.

Unless specified in the clearance for the use in the "song", there would most likely need to be a separate specific clearance for use of the "sample", especially when talking about advertising. It is the opinion of everyone answering that you would be foolish to assume otherwise in this day.

A second interesting note is, most who would have used such stuff in the past say that it has become increasingly difficult and costly to use "samples" in these cases. Many have all but completely stopped using non "original" things, especially for advertising or anything synced for video.

Malcolm Boyce wrote:Many have all but completely stopped using non "original" things, especially for advertising or anything synced for video.

Which is basically what happened here in my case. The client opted for a path of least resistance. Either way I get paid to write music for the commercial so it doesn't bother me any.

Thanks for looking into it Malcolm!