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Question: clearing samples vs. reproduction


Legion303
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Let's say I have a song and would like to legally use a sample from a movie that was out decades ago but is still protected by copyright (because the copyright system in the US is broken). I cannot legally record the sample and use it in my song, but would I still need a mechanical clearance to re-record the sample with an original speaking performer?

Example (this isn't the one I want, just a well-known soundbite): assume I want a sample of HAL9000 saying "I can't do that, Dave" in my song. If I were to sing this line as part of the lyrics, it would be legally fine. If I were to sample the line from the movie it would be a copyright violation. What if I were to get someone to speak the line into a mic, mimicing the original? For music samples this requires a mechanical reproduction license. For the text, this is a little more cloudy.

I would prefer to hear from people who are in the music business and have dealt with these issues specifically, rather than from people who speculate. I can speculate all day long, but would like some hard data. :)

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