Publishing tracks without sample clearance

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AudioGus

I have put stuff on Youtube and it just got demonetized and credited with the original copyright holder, but it stayed up. It think it varies from track to track depending on what the copyright holder allows. Maybe just make a burner account and give it a go.

Telefunky

@IWasNeverReallyHere said:
... Obviously asking for a friend 😉🤣 and they would be more than happy to pay their dues for full clearance if, in the very unlikely event, a track happened take off underground and become commercially successful 👍

I‘m not so sure about the happiness... there have been cases of „post clearance“ that ended with returning all revenues to the holder of the rights, or to care for removing all copies from the public. It‘s simply a gamble

Tarekith

You have to be careful these days, since copyright detection algorithms are so good now on all the major platforms.

Also, you might end up owing a lot more than you think, which a friend of mine found out the hard way. A common misconception is that if you get caught you'll have to just pay the rights holder a portion of your sales, or even ALL of the sales from said track. In reality, you'll probably also have to make sure the track is removed everywhere online in all markets (costly and time consuming), and have to pay any legal and administrative fees the rights holder incurred while pursuing claims against you. My friend used a 4 second hip hop sample in a dance track that only made him about $280 from sales. But he owed over $12,000 to the rights holder once all court costs and the like were factored in. He's still working on trying to get this reduced if he can.

Anyway, in the past I would have said go for it and roll the dice about getting caught, since that used to be pretty rare. These days there's a whole industry dedicated to tracking down these sorts of things and looking to profit from it, just not worth it IMVHO.

AudioGus

well, then there's that...

Maybe just stick to the completely non-commercial part, contact the copyright holder with a wassup and wait for the copyright holder to magically contact you and say OMG we have an anniversary re-issue that this would make a great B-Side for etc etc leprechauns and fairies etc. or just sample yourself instead.

Gravitas

@Tarekith said:

These days there's a whole industry dedicated to tracking down these sorts of things and looking to profit from it, just not worth it IMVHO.

Agreed.

@AudioGus said:

or just sample yourself instead.

This is what I do or I use royalty free samples and check the license.

AudioGus

There is also tracklib which is apparently cool. Real ye olde music from the yestertimes you can sample.

https://www.tracklib.com/