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July 13, 2024 at 1:32 pm #95936Jireh
Hi Riley. I wanted to get a better understanding on the aspect of making money off from Royalty Free Samples.
The question is this: Am I allowed to upload and profit off from a beat that I rap on, a beat that I bought from a producer, but the beat that he made contains a Royalty Free sample that is originally from someone else.
What is your understanding on the legality behind this?
July 13, 2024 at 2:43 pm #95937GratuiTous Join Platform!Hey Jireh! Great question! It’s super important to understand what is copyright & ownership in regards to your rights and usage of any type of product like beats, artwork, or even general business agreement rights.
In short, a typical royalty free license grants the producer the non-exclusive right to use those sounds. What that means is that the producer is allowed to use the sounds based on this agreement, but other producers can also buy those sounds and use them, too.
The words royalty-free mean that the creator of those sounds does not have the right to monetize from the producer’s work.
The producer purchased the sounds, the agreement is a non-exclusive royalty free license, where the producer has the right to use the sounds to make their beats and sell their beats at their own leisure. (This is a typical non-exclusive royalty free license).
You as the artist rapping over a beat, whether that be a lease (non-exclusive), or exclusive beat, will not be at fault for any such breach of contract clauses, however, it is wise that you do ask such questions so you know your producer is setting them self up for success.
What you’re asking is an agreement between the sound designer and producer.
The agreement you have between the producer and yourself is now a separate agreement, and it would probably be wise to have a clause in there that you are not responsible for such breach of the producer to any other parties that they have entered into agreements with.
Do not take my words as legal advice, seek professional advice from a real music lawyer before entering into such ventures.
I must say that so I am not providing any legal advice to you.
That’s the general idea behind your question.
In recent years I have seen “royalty-based sample packs”, where the producer is required to pay the sound designer royalties.. but it is not as common, and I’d personally avoid that route, as industry standard has usually been royalty-free drum samples where the producer purchases their sound, then has the right to use those sounds in their beats, without having to pay royalties back to the sound designer.
Of course, the producer is not allowed to resell the sound pack, or sounds within, modified or not individually.. producers can only use them to make music etc.
July 16, 2024 at 9:08 pm #95938JirehThank you so much for the in depth explanation, Riley. Like always, I couldn’t thank you enough for the detailed answered you always give in a short amount of time.
I now have a good understanding on what Royalty Free Samples are. And with that being said, if you don’t mind, I’d like to only ask you one more follow up question that’s relating to this topic:
What if there’s a Non-Royalty Free Samples where a producer would be required to pay back the sound designer royalty, but the producer changed up the sound in their beat, to the point it no longer sounds like the original samples.
What do you think on the legality behind this. Because I’ve always wondered this out of curiosity. Any thoughts?
July 16, 2024 at 9:13 pm #95939GratuiTous Join Platform!No problem, Jireh!
The word “Non-Royalty” is the key word that the producer would not have to pay royalties for using such sounds, but again, always read the agreement!
If the producer takes a sound that they are supposed to pay royalties on, and changed the sound to the point of it being very hard to tell from the original, the producer is still infringing upon the original agreement.
This is where risks start happening, and it’d be wisest to either find truly royalty-free sounds, or just create your own sound from scratch.
July 19, 2024 at 9:17 pm #95955JirehOnce again, thank you Riley for taking the time to answer my question.
I will take a note on this and will keep this in mind for future reference.
That’s all I got to say and I don’t have anymore question so this can conclude our discussion. I hope you have a wonderful day! 🙂
July 19, 2024 at 9:48 pm #95956GratuiTous Join Platform!You are very welcome!
Use the questions area any time!
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About Author: GratuiTous
GratuiTous discovered FL Studio around 2009 when a friend introduced him to the DAW.. he then began making FL Studio tutorials in 2011 which lead to creating his Beatmaker Training Platform. He also authors music production books, and hosts the "Music Production Made Simple Podcast". Fun Fact: He was an electrician in Canada for 10 Years!
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About GratuiTous
I've worked with a GRAMMY-Nominated Artist, host a Music Production Podcast, Author Beatmaking Books & Create FL Studio Courses.