Whether a recording artist is trying to pay homage to a favorite musician or simply like a song and want to make it their own, sampling past music for their own use.
Before releasing the music commercially, artists need to be sure that they get legal permission for sampling another artists music – or else they could end up being sued and prevented from releasing the music to the public, as there is an entertainment law protecting music.
Sampling clearance is needed to avoid legal issues, as this means artists got the permission to use the other musician’s song. Music needs to be cleared with two parties to be legally cleared: the person who owns the sound recording and the song publisher. Without permission from both parties, an artist could be sued if the sampled music is released to the public for commercial reasons.
Robin Thicke – singer of the hit song “Blurred Lines” – is currently facing a lawsuit from Marvin Gaye’s children, who claim Thicke allegedly ripped off their father’s song “Got to Give It Up.” Thicke and the other parties who worked on the song filed a countersuit asking a federal judge to rule that Blurred Lines was not a copyright infringement.
There are situations when sample clearance isn’t required. People who just use the music at home generally don’t need to go through the process of clearing any samples. Also, artists who only use sample music in live shows may not have to get the sample cleared. Musicians may also be safe if the average listener would be unable to notice similarities between the product and the sample.
No matter the case, musicians who plan on sampling music in their work should err on the side of caution and seek the advice of a Scarinci Hollenbeck attorney to avoid any unwanted legal headaches.
Why Every Business Should Conduct an Annual Insurance Coverage Review
Most New Jersey business owners purchase insurance policies, file them away, and assume they are protected if a claim arises. Without a regular insurance coverage review, many companies discover gaps only after a lawsuit, cyberattack, property loss, or other significant event occurs. An annual insurance coverage review can help businesses identify potential risks, ensure their […]
Demand Letters & Cease and Desist Letters: When to Send One (and When Not To)
Businesses and individuals often encounter situations where another party breaches a contract, fails to pay a debt, or continues harmful conduct. In many such disputes, a precisely drafted demand letter or cease-and-desist letter serves as a powerful legal tool. It can frequently resolve the dispute and avoid litigation. While demand or cease-and-desist letters can resolve […]
Key provisions in your contracts, including those relating to indemnification, insurance, and defense, are essential to contract risk management. While sometimes considered “boilerplate,” these provisions play a pivotal role when determining which party is responsible for certain costs and liabilities. They must always be negotiated and drafted carefully. Indemnification Clauses Businesses should never overlook the […]
Portability of estate and gift tax enables a surviving spouse to inherit any unused portion of their deceased spouse’s federal estate and gift tax exemption. So, if one spouse doesn’t utilize their full exemption, the surviving spouse can effectively double their exemption amount with regard to estate tax liability. For married couples, portability offers a […]
Pet Trusts in New Jersey and New York: A Practical Estate Planning Tool
For many of us, pets are more than companions—they are members of the family. Yet they are often overlooked or inadequately provided for when it comes to estate planning. A pet trust offers a legally enforceable way to ensure that your animal continues to receive proper care if you become incapacitated or pass away. As […]
For many New Jersey business owners, a closely held company represents decades of work, financial investment, and personal sacrifice. Trusts in business succession planning are one of the most effective tools for protecting that value, allowing founders to control how and when the business passes to the next generation while reducing the risk of disputes, […]
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