Sample Clearing Revisited....Again

M

MegaloDeez

New member
I was reading a thread earlier and a kid was talking about how to clear a sample and when to clear a sample. I mentioned something about replaying a sample or song, and not having to pay the owner or publishing company. I wasnt sure if this was true, but then I just read that Lupe article and he mentioned....

“We reached out to Pete in November, right? My team. It was my partner’s idea,” Lupe explained. “He wanted to go back, take an iconic Hip Hop record, flip it, breathe some life into it, and bring it back to new school. That’s the whole point of it so we reached out to Pete…When we rap over the original instrumental we send it to get cleared, Warner Chapel tells us ‘No, that’s the publishing company.’ They tell us ‘You can’t clear that. It’s unclearable.’ There’s portions of that song that have never been cleared before ever. You have to remake it.”

Lupe Fiasco & Pete Rock Issue Over "T.R.O.Y." Sample Still Isn't Resolved | Get The Latest Hip Hop News, Rap News & Hip Hop Album Sales | HipHop DX

Is it that simple? Can you just replay a song and not have to pay for publishing? And when I say simple I mean as for the legal side, not the instrumentation.
 
Major Scale said:
It's called interpolation, and you still have to pay, just not as much as using a master recording
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Yes, Interpolation is what I was referring to. Thanks. Yall samplers betta get ya musicianship up. Theory Theory Theory, Ear training x 3. or Get ya paper up for those clearances.
 
MegaloDeez said:
I was reading a thread earlier and a kid was talking about how to clear a sample and when to clear a sample. I mentioned something about replaying a sample or song, and not having to pay the owner or publishing company. I wasnt sure if this was true, but then I just read that Lupe article and he mentioned....

“We reached out to Pete in November, right? My team. It was my partner’s idea,” Lupe explained. “He wanted to go back, take an iconic Hip Hop record, flip it, breathe some life into it, and bring it back to new school. That’s the whole point of it so we reached out to Pete…When we rap over the original instrumental we send it to get cleared, Warner Chapel tells us ‘No, that’s the publishing company.’ They tell us ‘You can’t clear that. It’s unclearable.’ There’s portions of that song that have never been cleared before ever. You have to remake it.”

Lupe Fiasco & Pete Rock Issue Over "T.R.O.Y." Sample Still Isn't Resolved | Get The Latest Hip Hop News, Rap News & Hip Hop Album Sales | HipHop DX

Is it that simple? Can you just replay a song and not have to pay for publishing? And when I say simple I mean as for the legal side, not the instrumentation.
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The Lupe situation is different because we are talking about the sample of a sample being recreated with the same original sample. Yes Lupe reused Tom Scott's Today to remake Pete Rock's Troy that is undebatable but Pete Rock has no real say so about it and is not owed anything from Lupe legally he only owes who ever owns the rights to the Tom Scott song. Different from an interpolation or cover honestly.
 
Xabiton said:
The Lupe situation is different because we are talking about the sample of a sample being recreated with the same original sample. Yes Lupe reused Tom Scott's Today to remake Pete Rock's Troy that is undebatable but Pete Rock has no real say so about it and is not owed anything from Lupe legally he only owes who ever owns the rights to the Tom Scott song. Different from an interpolation or cover honestly.
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Think so? The principle is the same. To use the sample or remake the sample, Lupe has to pay someone regardless. But this is like the furmented shit that happens as a result of sampling. Im all for sampling and They Reminisce is a brilliant example but now 20 years later its like, "Whose song are you remaking" And how could PR be upset in the first place....Lupe is just doing what HE did. Interesting and PR stepped off his square on this one. :4theloveofgod:
 
MegaloDeez said:
Yes, Interpolation is what I was referring to. Thanks. Yall samplers betta get ya musicianship up. Theory Theory Theory, Ear training x 3. or Get ya paper up for those clearances.
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Actually, replayed isn't an interpolation (and would still be a breach of copyright). Interpolation's theme must have some significant change to the original.

One example that comes to mind, Finnish track though:

 
MegaloDeez said:
How is that so? He samples the ish outta stuff
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Nobody is checkin for him like that... He's not pop. Don't get me wrong, I'm sure he runs into times where the label has to take care of it... But its probly more of publishing companies contacting THEM, not the other way around.

Too many prducers care way too much about sample clearances. Just let them contact you... If they didnt know about you sampling it before you contacted them, why would u pay them when they didn't know better.
 
brodel34 said:
Nobody is checkin for him like that... He's not pop. Don't get me wrong, I'm sure he runs into times where the label has to take care of it... But its probly more of publishing companies contacting THEM, not the other way around.

Too many prducers care way too much about sample clearances. Just let them contact you... If they didnt know about you sampling it before you contacted them, why would u pay them when they didn't know better.
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Thats risky biz though. The contact could be a supoena. But I feel you on why tell them when you can get away with it. But Im sure Madlib has to have some trick up his sleeve. I know Stones Throw does everything in house so without a major involved maybe its cheaper. Plus I know he knows a lot artists ...either it works, cause that dude puts out a lot of material. Madlib is ill too, #1 in my book.
 
MegaloDeez said:
Thats risky biz though. The contact could be a supoena. But I feel you on why tell them when you can get away with it. But Im sure Madlib has to have some trick up his sleeve. I know Stones Throw does everything in house so without a major involved maybe its cheaper. Plus I know he knows a lot artists ...either it works, cause that dude puts out a lot of material. Madlib is ill too, #1 in my book.
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I understand where ur coming from... But its just not that big of a deal. Its just money... Producers act like they will be damned to an eternity if they don't clear a sample first. That's like not doing graffiti because its illegal. Like i said though, I understand where ur coming from.
 
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