I got this question from a very good songwriter in one of my songwriting courses. He was wondering about using loops or beats that are longer than one or two bars. These might consist of an acoustic rhythm guitar playing a 4-bar chord progression or a keyboard, or even a whole band that can be looped to form a song section.
You’ll find these kinds of loops in “construction kits” from Big Fish Audio or websites like Splice. They can be a great way to launch yourself into a song or even a new genre.
My student was asking if it’s okay to pitch song demos using these loops. Will there be a problem with music publishers and Film & TV music libraries? Is it legal? Will he need to tell them what he’s doing? I’m not a lawyer and I can’t give legal advice (disclaimer, disclaimer) but I do have some thoughts for you if you’re doing this or considering it.
Check the agreement
Anytime you buy a loop, sample, or construction kit, you are agreeing to something. That Agreement will be somewhere on the website or in the packaging. Be sure to read it carefully to make certain you’ve got a release for all the uses you might have: Film & TV placements, your own fabulous EP, YouTube videos, streaming services like Spotify, even live performance, and anything else you think will happen in this crazy musical universe of ours. If the agreement is online, download it and keep it somewhere safe, somewhere you can find it when you need it.
In the case of samples or loops from a website like YurtRock.com, they tell you what rights you have in their Terms of Service.Â
Most often the the agreement will prohibit you from releasing the loops or beats “as is.” For example, you can’t use them to start your own sample library and resell them.
What you do have is the non-exclusive right to use them as an integrated part of a music track or song that can be placed in film and television, or released commercially in your own songs, on your website, aired on radio, etc.
In other words, you have the non-exclusive right to use the loops or beats in all the ways you might need as long as they are blended into your track. (The term “non-exclusive” refers to the fact that anyone else who buys that loop can use it.)
The trick is to integrate the loop into your music track. Avoid featuring it or using it solo. Of course, sometimes a sampled riff or percussion track might be the only thing playing in a stripped-down verse. Consider adding a synth pad, guitar chord, or some other instrument behind it. The point is to avoid using the loop or sample “in the clear.”
A few additional things to think about…
Music libraries
A film & TVÂ music library like Crucial Music will ask when you submit your song if you’re using any samples, loops, or beats. There are specific sample and loop companies they exclude from their library because of conflicts in ownership. Even if the website or company you used is not one of those excluded, you will need to let Crucial know where you got the loop. Keep the Terms of Service handy for every loop or sample you used just in case you are asked for it.
Music Supervisors
Music supervisors have very good ears and very long memories. If they hear a longish loop (4 to 8 bars) that they’ve heard before, they’re likely to sense that it’s familiar and stay away.
You’ll have to bury the loop or blend it deeply into the track. Percussion loops are a good example of something you can blend with other loops. A rhythm guitar part with a generic 4-chord progression could be fine as long as it’s not soloed at any point. But if the construction kit is out in the open and the supervisor has heard it before, they won’t use the song.
Music publishers
Pitching to a music publisher, producer, or artist might be a problem, too. If they LOVE your song, chances are they’ll want to use at least part of the production on your demo. If you used four- to eight-bar loops, you’ll need to disclose that.
So, what I suggest is this: Once you have a song that you think is worth pitching to a music publisher or artist, replace those longer loops or beats before you pitch. You can do it yourself if you have the skills, or look for an affordable producer or beat maker who can do it at Soundbetter.com or Airgigs.com. Tell them which loops you need to replace and ask them to take a little creative liberty. You don’t want them to copy the beat you’re replacing.
Good luck with your loops!