sampling an established artist

[mikegee]

has anyone here ever sampled an established artists song in their mix? if so, how did ya go about it? did ya get permission to do it first? or do you just sample a piece of an artists work, and wait for their lawyer to call you? haha do you have the right to do it? even if they say no? and like, if they can stop you, are the fines fierce? even if you acknowledge the sampled cut in the liner notes? always wondered about this...

[DreamwaveMusic]

I believe you can sample with permission, though royalties will be paid.

[Bellringer]

Depending on your status as an artist (sales!) odds are you will fly under the radar. If you start selling decent amounts of this song you may be contacted by the bands label in reference to the sample. Of course, action against you can vary from having the song removed from your CD, to some or all of the money made based on the song. A good example is The Verve sampling the Stones. By the time the Stones were done with them, they had to pay 100% of money made to The Stones and their label. Of course without that song would the US have even heard the Verve?
Sometimes it's worth the risk. Bad publicity vs. none!
Or the law is the law. Take your pick.

[mikegee]

Originally Posted by Bellringer

Depending on your status as an artist (sales!) odds are you will fly under the radar. If you start selling decent amounts of this song you may be contacted by the bands label in reference to the sample. Of course, action against you can vary from having the song removed from your CD, to some or all of the money made based on the song. A good example is The Verve sampling the Stones. By the time the Stones were done with them, they had to pay 100% of money made to The Stones and their label. Of course without that song would the US have even heard the Verve?
Sometimes it's worth the risk. Bad publicity vs. none!
Or the law is the law. Take your pick.

youre reading my mind bellringer! i was thinking "hmmm, that would be a relatively easy way to make your self known as an artist, blatantly sample a famous artists song onto your song, and if ya get national airplay from the sound recognition of the sample on your song, , ya may end up paying 100% royalty fees for that album, but it would be a foot in the door of the music industry and ultimate success (along with some bad publicity too hehe) hmmm...

[smopo24]

i think that if the sample is either short enough, or not recognizeable that you can do so without credit or royalties. if not, you should contact the artist (esp if you think you are going to get sued for it) or their management, and do so with permission (working out a royalty agreement, usually for not very much money, but that depends on the artist) and a partial writing credit on the song. you can avoid this by just trying to replicate the sample identically; that's what p.m. dawn had to do when the beatles wouldn't let him use a sample of "hey jude."