Unfortunately, on the publishing rights side of things, if someone says 'no' and refuses consent it's pretty much 'game over' for your sample clearance. Legally speaking you won't be able to proceed even if the people who have the recording rights have said 'yes'. However, if you get a 'yes' from the publishing rights owner but a 'no' from the recording rights owner (or they're asking for too much money), there is one thing you can do.
You can re-create the sample by playing it yourself or getting someone else to perform it for you (there are companies who specialise in this). That way, you're not using the actual recording and so you're not infringing the record company's copyright. This doesn't get you out of the need to do a deal with the publishers, but it frees you from needing the record company's permission. Publishing companies will also want a royalty but not normally an advance.Previous Next
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