Producers and Legal Issues - Few Questions about clearing etc

[Jay-S]

First question is about the name - Do they have to get a legal go ahead for naming themselves after something or someone (obv not someones actual name) but like how the jungle mc TopCat is named after a cartoon; would he have to clear the name before he were to release anything?

Second question is about using a sample - Do most non-mainstream artists always clear their samples? For example, using a small vocal from another song and putting it into yours, or using a whole vocal like Wookie used to do. Wanted to know in general do producers bother to clear samples if they don't even sell enough units to be commercially successful?

[mossmade beatz]

best to, but i imagine most people don't

[Star2D2]

Hmm...copyright etc is a really vague ground and I'll admit I'm no expert but here's my view:

- I think the copying names is ok...like you said - MC topcat is from the cartoon, even Wiley's name comes from some 90's video game or something. I think it's so hard to prove you stole it because it's simply a name. But then again, if you've got a song you intend to sell called 'pikachu' or something - why wouldn't you just name it something different? I don't think you can get touched really as like I say, copyright is such a contestable issue. As well - until you're world famous, I doubt anyone will give a sh1t. People only get sued if they're worth the money to extract. Like recently someone tried suing Kanye West for sampling songs on a free promo from years back. It failed, but my point is they only tried it when he was worth something...

As for sampling - I think you're more likely to get sued compared to taking a name. But again...if you're fairly small then no-one will care. I think it's happened lots in grime, Skepta years back released a song which sampled Frank Sinatra and it was obvious...but even then he wasn't worth going after. Even Jedi Mind Tricks who are fairly big in the US had a line about not clearing a sample, so it does go on.
Basically, if you're a small person then you should be ok - but it is a bit risky. Of course, the best way around this is to make your sample as distorted as possible, then even a trained ear will be none the wiser. Like Mobb Deep's Shook one's 2 piano sample was only figured out last year, because it was so obscurely done.

I'm probably not the best person to ask and there will be people out there who are much more knowledgable. I do know that copyright in general is a really contested, strange thing. Like one judge may favour you whilst another says you've copied it - because it all boils down to personal interpretation.

[Jay-S]

Cheers for the replies, made things a bit more clear.

What if for example TopCat or Wiley used the cartoons logo as the logo for all their release and future music; Would that be classed as copyright etc?

[grimer2012]

depends. if a brand exists, they wouldn't be happy you using their name. they'd argue (if you ever appeared on their radar) that you used their name to bolster any success.

samples, yes, you have to clear them, unless your pressing the vinyls yourself. get caught, get sued, you will get caught.

this only applies if you have success