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SAMPLE CLEARANCE services are available for those who are duplicating from pre-recorded material or "sampling", which requires obtaining a Master Recording License directly from the record company that owns the master to the recording, as well as a Mechanical License from the Harry Fox Agency. If any song lyrics were used, and not necessarily from the master recordings, a Sample License will also need to be obtained from the Publisher(s). The reason for this is because the U.S. copyright law states that protected material can be used only after permission is obtained from the copyright owner.
Understanding that obtaining such licenses are very difficult and time consuming, MusiK1 has developed a solid Sample Clearance service broken down in three stages. For more information on how MusiK1 can help clearing samples, feel free to contact us for more information.
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In order to get through a speedy review process, MusiK1 first requests an MP3 of the new song and the original works (the samples material) that need to be cleared. MusiK1 will also request label, publisher, artist and project information by sending out a form to the client via email, as well as requesting the new song's lyrics in a Microsoft Word or Adobe PDF file.
Upon approval by MusiK1 project management, an invoice in the amount of $300 will be issued out to the client, which can be paid by business check or money order. Clients who'd rather make payment by credit/debit card, MusiK1 will processes a 4% handling fee.
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In order to evaluate the sample clearance project, MusiK1 first conducts thorough research into its current copyright owners, on both the Musical Composition side (usually publishers) and the Recording of the Musical Work side (usually record labels). This necessary step must be established to confirm licensing availability with copyright owners. Once communication has been met, an initial request letter will be sent out to copyright owners, starting with the Publisher(s), then the Recording Label.
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Once the first quote has been obtained from the Publisher(s) and Recording Label, the client will choose to proceed. If the quote is negotiable, the client at this point may bring in their legal counsel or ask MusiK1 to negotiate for a lower administration fee, advance and/or percentage of shares. Negotiations of further quotes and terms of agreement will be written on a confirmation letter whenever necessary. To make a note here, clients may always look into re-making a certain musical work(s) to get around dealing with the Recording Label and their fees and shares.
Upon accepting the quote, Sample License Agreements will be issued out by Recording Label and/or Publisher(s). After agreements have been executed, MusiK1 directs client to request mechanical license(s) either from the Harry Fox Agency (for US territory) or from CMRRA (for Canada territory).
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Services
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Service Duration
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Service Rates
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Publisher Sample Clearance
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3-Months
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$300 per Sample
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Master Recording Sample Clearance
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3-Months
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$300 per Sample
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Monthly Extensions
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1-Month
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$100 per Sample
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- - MusiK1 Sample Clearance services do not provide any legal service and MusiK1 recommends that client reviews over all legal documents with their attorney or legal counsel.
- - Clearing any sample may take up to 2-6 months in order to finalize sample clearance with copyright owners.
- - Copyright owners are not entitled to issue out licenses for available use.
- - Though sample clearance fees are negotiable, there are no standard rates associated with obtaining sample clearance.
- - Copyright owners may request an up-front payment, as well as a rollover or a portion of future record royalties.
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