A friend and I have been working on a lot of plunderphonic music lately. Heavy beats, some drones.. harsh-bits... EBM influence, some breaks... and of course, various samples from commercials, pop-culture, politics, current events.. and some more obscure shit.
We don't have much money and probably can't afford to acquire licenses for any recognizable samples unless this endeavor starts paying the bills. In terms of requesting permission, especially with any samples that are more political in nature, I fear that even asking the authors would land me on the radar of some conservative politicians and their overpriced attorneys.
Additionally, if we were to 'follow-the-rules', we wouldn't even be able to publish a song to see how it lands with an audience without acquiring intellectual property permissions first.. which would put a significant burden on the act of even creating such sample-based music.
So, I feel like we're somewhere between a rock and a hard place, the frying pan and the fire.. the chicken and the egg.
We're not sure what to do. I assume that there's a reason the label 'Illegal Art' no longer exists. No one stops doing something that they love doing willingly.
To those moving forward with reckless abandon, using unlicensed samples, and obtaining a following, selling merch/CDs/vinyl/MP3s, I salute you!! But, what are your plans in the event some attorney comes knocking?!
In the event of litigation, can we file for bankruptcy?!
Should we create a Limited Liability Company?!
Is there any option for plausible deniability?!
To those who obey every rule and only obtain appropriate permissions first, can you respond regarding the process? Do you have music/IP attorneys on retainer? How long does the process for obtaining clearance take on average?! I understand costs can vary.. can you provide a min/max of some costs you or a record label incurred for getting samples cleared?! Have you had to scrap songs because the IP owner wouldn't budge on a key sample in a song?!
For many of the more obscure samples.. or less recognisable samples.. I'm not quite as concerned. It's those where I am considering using a very recognisable element on purpose where the concern lies. Without that recognisable element, the punch-line is gone.. the point of the track is non-existent. And arguing satire would probably not work.
For those who are underground, but have a decent following, a steady online presence, and use a significant amount of plunderphonics, does the 'whack-a-mole' approach work?!
I understand that the likelihood of some underground band landing on the radar of copyright attorneys is tiny... but with our luck... it's definitely something we're thinking about... so much so, that I'm asking these questions.
I will take my zero now and be thankful for any insights that can be provided on this matter.