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Question and AnswerMy band听have a track which features a vocal sample from 70s hit 'Could It Be I'm Falling In Love'. It's so hot,听I'm talking heavy rotation, but there's one problem. The sample isn't cleared and听I dont think we can get it cleared. What should I do?听Am I听allowed to use it as long as I don't make a profit? It can go on my demo, right, but not on my album?听
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If your track is for promo purposes only ('free distribution'), I听wouldn't worry about clearing the sample just yet.
You would definitely have to clear the sample if you intend to commercially exploit the track. If you don't, you risk an injuction on your release and could lose some (or all) of the publishing on your track.
Do bear in mind that the more obvious it is that your track is going to be a hit, the more听the owner of听that sample is going to want from you (for example, you've promoed it for a period of time and there's a big buzz at street level).
It sometimes pays to have a deal already in place before you spend your time promoting the track, only to find the owner of the sample saying thank you very much and walking off with a large piece of your new track's publishing, in exchange for a piece of a track they'd long since forgotten about.
You defnitely won't get away with 'Can It Be I'm Falling In Love' as your sample. If you intend to commercially release the track, it's up to you when you want to go for clearance.听
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