by Jeffrey and Todd Brabec
Collection of Monies/Payment of Songwriter Royalties
Each of the publishers (both the publisher of the sampled composition and the sampling composition) will agree to collect its share of income directly from the source including mechanical royalties, the publisher's share of performance income, synchronization fees, video royalties, print income, and all other miscellaneous royalties generated by the new composition.
In turn, both the sampled publisher and the sampling publisher will usually guarantee that each will be responsible for the payment of songwriter royalties to the respective songwriters signed to them.
The writer and publisher of the new material will guarantee the original songwriters and the publisher of the sampled composition that no other existing compositions have been sampled in the new composition.
The sampling writer and publisher will also indemnify the sampled publisher against any claims from a third party that its composition was sampled as well and will agree that, in the event another composition was sampled and a share of the new composition has to be assigned to the publisher of the additional sample, that such share will only be deducted from the sampling publishers share of the new composition.
For example, if one sample takes 50% of the copyright and income of the new composition and it is discovered that there is an additional sample contained in the new composition, the copyright and income percentage given to the publisher of the additional sample will only be deducted from what remains after the share of the other sampled composition has been deducted.
The variations in this area are innumerable and the calculations as to who owns what and who is entitled to what and where the money is going are limitless.
Suffice it to say that one needs a calculator at all times when dealing with the issues involved in sampling as it is relatively easy to give away more than you get if you are the writer/artist or writer/producer doing the sampling.