Terms & Conditions
SAMPLE THIS LTD ("SampleThis," "we," "us," or "our") provides an online platform for the licensing of samples and loops for use in music production.
Last updated: October 31, 2024
By using the SampleThis digital marketplace and platform (e.g., SampleThis.com) and any uploads or licenses you conduct through it (collectively, the "Platform"), you agree to the following terms and conditions ("Terms"). If you do not understand or accept any part of these Terms, you should not use the Platform.
We may modify these Terms occasionally, and by continuing to use the Platform, you accept these changes as soon as they are posted.
Platform Overview
Description:
SampleThis is a marketplace for licensing short sound recordings and musical compositions, known as samples and loops. Whether you are creating and licensing your own samples or licensing others' for your music, one account covers all your activities under these Terms.
Direct Licensing:
All licensing transactions are directly between the creator ("Creator") and the licensee ("Licensee"). SampleThis facilitates transactions but does not retain ownership over samples or final works created by licensees.
Your Account
Setup:
You must register with your real name, a valid email, and a physical address, and set a secure password.
Age and Legal Capacity:
You must be over 18 and legally able to enter into contracts to use the Platform.
Third-Party Payments:
We use services like Stripe for financial transactions, and you will be subject to their terms.
Creator Requirements:
Creators need to sign up with a payment processor and may need to provide additional documentation like tax forms and identification.
Rights Granted
User Information:
By registering, you authorize the display of your information on the Platform.
Creators:
Creators grant SampleThis the right to display, stream, and distribute their samples and associated artwork, with the right to modify the artwork as needed.
Financial Terms
Creator Earnings:
Creators earn a license fee from each sample licensed, with the ability to request payment when accumulated fees exceed $50. For administrative and operational purposes, SampleThis may apply a small commission from the publisher's rights, capped at 10% of the Publisher's Share.
Taxes and Payments:
Users are responsible for any taxes on transactions. Creators set prices for their sample packs, and payments are processed through third-party services.
Licensee Obligations
Content ID:
Licensees must ensure that their use of a sample does not affect other users through content ID systems.
Types of Licenses:
There are royalty-bearing licenses, each with specific obligations for the licensee.
Creator's Songwriting Split:
When licensing a sample from SampleThis, the split of songwriting credits depends on the duration of its use within the licensee's music. The details are as follows:
Royalty (I): 10% for less than 30 seconds; 15% for 30-90 seconds; 25% for over 90 seconds.
Licensee Responsibilities:
Mechanical Royalties: Licensees must ensure that creators receive their rightful share of mechanical royalties for sales and streams of the licensee's music, calculated according to the songwriting split.
PRO Registration: Licensees are responsible for ensuring that relevant Performance Rights Organizations (PROs) accurately reflect rights for all parties.
Synchronization Licenses: Creators must approve synchronization licenses on terms proportionate to their songwriting split.
Controlled Composition Clause: Creators agree to the same controlled composition terms that apply to the featured recording artist in the licensee's music.
Sound Recording Earnings & Royalty:
Royalty (I): 10% for less than 30 seconds; 15% for 30-90 seconds; 25% for over 90 seconds.
Licensees must ensure that creators are directly paid their share of earnings from the music's master recording, in line with how the licensee is paid by their label or distributor. If direct payment from the label or distributor is not feasible, the licensee must make the payments within 45 days after receiving their earnings.This responsibility is crucial, except in cases where the calculated share is less than 0.5% of the licensee's own royalties, in which case the obligation does not apply. However, obligations related to other earnings like advances and license fees remain intact
Platform Access and Use
Content Ownership and Usage:
SampleThis owns the platform and its content, and users must respect copyright and trademark laws.
Platform Maintenance:
We may modify or temporarily disable the Platform as needed without notice.
Liabilities and Responsibilities
Limitation of Liability:
SampleThis is not liable for issues beyond our control or for losses not caused directly by our negligence.
User Responsibilities:
Users must not use the platform for unlawful purposes, and they must handle their own legal disputes over licenses.
Miscellaneous
Privacy:
We collect personal information according to our Privacy Policy.
Governing Law:
The construction of the terms, and the validity and effect, of this policy are governed by English law. Any dispute or difference arising under or in respect of this policy shall be subject to and determined within the exclusive jurisdiction of the courts of England and Wales.
Contact Us
Support: For support or technical issues, please contact support@samplethis.com. Responses are provided as soon as possible but are not guaranteed within a specific timeframe