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On December 17th, 1991, Judge Kevin Thomas of the United States District Court for the Southern District of New York issued an injunction against Warner Bros. Records that changed the direction of Hip Hop music forever. The case was, of course, over sampling and copyright infringement. Biz Markie, a signed artist of Warner Bros. Records (and inventor of the slang “Oh, Snap!”) used a sample from the song “Alone Again (Naturally)” by singer-songwriter Gilbert O’Sullivan. The case set a precedent for the music industry and created a wave of legal woes still felt by Hip Hop producers to this day. It was ruled that 100% of all samples must be cleared first by the original copyright owners before any third party use.
The effects on the Hip Hop music industry were tremendous. No longer were Hip Hop songs molds of popular songs or samples from well known artists creatively arranged to a beat, they took the form of keyboard tunes, synths, and original melodies. Now some may say that original music is not a bad thing at all, and I would agree. But, there is something timeless and pure about a sample based beat that Hip Hop purists like myself long for. Of course, now a days not all beats are sample free. Label funding for sample clearance and artists permissions still leave room for a wide array of sample based songs. But for small, raw, and poor artists, no such friendships or funding exists.
Photo by Raymond Yee
Sampling still goes on for smaller artists, but mostly against copyright laws. Whether in the secular or Christian industry, it is still prevalent and happening. So why aren’t all these people getting sued or going to jail? Will you get in financial trouble if you do it? Well, it’s not exactly a capitol offense. It would be good to compare it to jay-walking or making a u-turn in the city. You’re not going to get in trouble for it, but if you cause an accident you will be ticketed. A lot of small artists use tons of samples and even make plenty money off their music and are never in any trouble. The general understanding is: nobody is really going to go after you unless you start to take serious cash to the bank. The most that generally happens is a careful duplication company won’t replicate your CD if they hear popular samples or someone won’t buy your beat. However, in the event you strike it big, eyes will be on you and ears on your music.
Some of us have the moral conviction to adhere to the very detailed precepts of the common law, and indeed it is more scriptural than not. Titus 3:1-2 (NASB) “…be subject to rulers, to authorities, to be obedient, to be ready for every good deed, to malign no one, to be peaceable, gentle, showing every consideration for all men.” Sampling is actually illegal, so the question must be asked, “Is it proper for a Christian to break the law?” For sake of brevity and because that is not the purpose of this article, I must leave that decision for you the reader to personally examine (along with all the other aspects of your faith).
Photo by: altemark
Without a doubt, some of you will chose to continue to sample. If you go this route and have absolutely any talent, I suggest you accurately and completely write down the samples you use along with all copyright information. If you sell the beat, you will want to notify the buyer before hand and provide all sample information in the case of some future legal action. If you create your own beat and publish a song on your own, it is good to keep the sample information on the slight chance you win American Idol and start selling thousands of CDs at a time. Once you have money in your pocket and gain attention, believe that the sampled artists or labels are going to want their cut. If you ever do decide to clear your samples, a good resource is the Harry Fox Agency. They specialize in mechanical licensing for small, independent artists. For more information visit www.hairyfox.com.
So let’s say you’re a producer who wants to use samples, but your conviction is that it’s wrong, you’re afraid of getting your pants sued off, and to top it off you are too poor to purchase sample rights. Here are a few ways to legally sample:
1. “The Dr. Dre” also known as “interpolation”. This is when you actually recreate the sample you want for use in your own music. By playing the same melody yourself or seriously manipulating your sample, you avoid the burden of having to get sample clearance. For example, if you want to sample your favorite AC/DC song, you pay your older brother to play the melody on his guitar at your studio. Then you take the sample your brother played and make your beat.
2. “The Moby” also known as “public domain”. Sometimes finding a sample that is copyright free is the way to go. Public domain samples mean that the music is generally considered part of the common culture or our intellectual heritage and there is no claim to copyright over its use. For example, you will not get sued if you want to sample the smash hit “Ring around the Rosy” for your song. Of course there are better examples, but you get the point. I would only warn against this type of sampling if it is from a foreign source since foreign laws on their own music might not be (and probably isn’t) the same as ours. My rule of thumb is to make sure the artist is long dead or the company who published the song has ceased to exist. Generally, any music with an expired copyright is public domain.
3. “The Respected Artist” also known as sampling people you know. This is my personal favorite and something I do a lot when I sample. If you are an established artist in your city and are eclectic in nature, chances are you have a kinship to musicians in your area. If these artists have any music out, especially independent music, sampling from them may be a way to make a dope song AND build friendship. Instead of seeing your sampling as stealing, a small but talented independent musician or band may take it as a complement! So go ahead and buy the $10 CD or LP from your local reggae or punk group. You may find some amazing sounds on it to sample. When you are finished, give them a copy of your track. If you’re a stickler, get written permission from the band before you use their music for sampling. It’s surely easier and cheaper than sampling famous artists.
Illegal Sampling is probably not going to get you into the trouble that you have heard it will. If you ever become recognized enough that it could get you in trouble, you will have already been informed and probably already have started getting sample clearance. Remember to research these issues for yourself before you publish your music. And, whatever you choose to do, just remember that nothing is worth breaking your personal convictions.
Wut- public domain is anything published prior to 1911 (sheet music/tunes), recordings are a different matter- being out of business doesn't mean the rights have expired, the catalog is likely held by one of the big 4. Anything after 1976 is composers life 70 years. But good news, you can record anything ever recorded (i.e. cover a song) with a mechanical license ($.091 a copy) from the Harry Fox agency.
Some artists (and all their lawyers) look at their songs as property and sampling without permission as theft- so I'm not sure how far I'd run with the "they won't care" line. Wouldn't you like to know how your songs are used?
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... written by Matthew Kerr,
December 20, 2007
This had some nice tips for emcees. I didn't even know too much about sampling until this! Thanks, Wut!
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Producer written by Ronald L Jackson Jr.,
December 20, 2007
I am impressed with this article, I like the information posted, I think I see your stance. I think it is funny the nature of politics the law and how money seems to be the real issue here. I have heard so many artists, (and I am not here to name them, because I would not want them calling me out), sample; and ofcourse they would sample from huge hits. Because of the money issues they were ok, because they communicated with these well known artist. And from the majority who sampeled from these artists, they were in the "safe zone". A good example would be...I said I wouldn't name any artist, but I will just name a song that did very well back in the late 90's I'll be missing you. We know the song and most of us like it, I do. It was a new take on an older song. Now, the artist who sampled in my opinion was musically inclined even if he had not been well off at the time, he had and has a great gift of producing, and he was and is a poet. Christian or not I do not know. And at this point I do not think it really matters if this man is or was according to the industry. Our beliefs are great and should be shared, but if we are to examine principalities that govern this nation, there really isn't much to say in regards to Christianity and the law regarding music. If this nation was like Christ I suppose that none of us would care to take credit for what we produce, because God gave us the talent to produce, and according to what Christ says, who I love because he gave me all my talents, and is the only hero I know , then we all would share our music not claim someone elses work as ours, but work with one another. And that is what this all should be about, not just a issue of sampling, but to learn from one another, as musicians. Personally, I like to create my own beats, I sample, and I am not on the big list yet. I do this because I love it. I will do it as long as I live, produce, create, sample, it is a passion. So to be honest as I have I am not one to be critical on these issues, because I am the little guy that does what he loves. So in regards to quotes from the bible, in this generation, I do not think the US Government should really be an issue at this point regarding music because of its nature to capitalize on religion and use it as reasoning behind its law, and other belief patterns. No offense to anyone because I am not making debate, but lets face it the law is ever changing it doesn't abide by true spiritual belief, but it abides by what suits it best. So for music I agree with you Metaphysical, we do have to be careful in regards to what we do, yet if we love what we do then, we who are big but little will be ok, and we who are little but big because we love what we do will ultimately be ok because we love what we do and examine the facts like the ones in this article. Peace Bro--and thanks--I told you I would leave a post DJ Crazy ACE.
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Sweet Article written by Fujativ,
December 19, 2007
What up, bro??!! Nice article! This is information every artist should know before diggin' in crates. You might find some dope loops, but run into all kinds of woe. Case-in-point, Mars Ill's Propain album that got delayed and delayed, and then the delay was delayed. They couldn't get sample clearance on some of their songs, and the ones that did get cleared did not come without some difficulty. When in doubt, better find a different route!
Big ups, Wut!
Peeesh
~Fujativ
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sampling written by jna chapman,
December 19, 2007
whats up homie. let me reintroduce myself, my name is J.N.A.CHAPMAN. i was one of the emcees freestyling at the cypher you had going on at the ventage vynal in the loop this august.(it was me and some short guy in red, we were the only two good ones.)as far as the sampling goes you gottabe talking on a major level, but even then i doubt it. do you really think people asked pimp-c for the sitting side ways, take it off, sample. i almost cant see kanye asking luther vandross for that sample in over night celebrity song. its just an opinion but, artist dont care. when its on their minds, its on their song...simple. i'm a underground emcee. and i done it my self. as long as the songs tight. nobody does anything buy the book anymore. i can almost gaurentee that it was a rule enforced in 1991. how songs had samples in it then...eazy-e's dr.dre diss, compton city g'z(d.o.c.s' funky),geto boyz had a song that had two. i dont remember the song but it said maybe its cause i stayed away too long, and it had a snoop dogg sdample from "la-de-da-de". unlike now artist were original and came up with a hook. but hey if the records nice, take what you want
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Some artists (and all their lawyers) look at their songs as property and sampling without permission as theft- so I'm not sure how far I'd run with the "they won't care" line. Wouldn't you like to know how your songs are used?