Samples and The Law

[Tetsuo D]

(Sorry in advance if this isn't the right place to put this, seemed like a good spot for it.)


Was wondering what everyone's opinions are on the legality of using samples in music.

To me, it's a pretty harsh topic. On one hand, aye. Sampling is awesome. You can do incredible things with just a handful of snippets from all over the place. On the otherhand, what about the original artist? We all know about the Amen Break, one of the single most sampled bits of music in history, and the guy that did the actual drumming for it never saw a penny despite how prevalent the sample's use was. (He eventually died penniless and homeless. Yikes.)
So, you could argue it's in an artist's best interests to be able to legally demand royalties from samples. But then you get into an area where it's not just about the music, and people begin suing samplers not because they feel they aren't being credited properly for their work, but because they can use it as a legal way of literally milking some quick cash out of someone. It becomes pretty tricky.

I'd got thinking of if sampling should be put under Fair-use policies. Maybe with certain restrictions like, the amount of samples from a specific song can't total up to more than X number of seconds, and that you legally need to make it very clear (like on album covers and stuff) where the samples came from. But I just know some people probably wouldn't be too happy with that either.

What about you guys? What's your stance on the legality of using samples?

 

[kartikt]

Sampling is the art form that is the foundation of hip hop. I personally believe that sampling is fundamental for any music producer , even if you are a composer/musician. The music you hear from these vinyl records, especially rare and obscure records you will never ever hear anywhere else.

On the business side, yeah sampling is a big ass headche for any producer. Sample clearance is a issue usually whenever someone your sampling is somewhat of a big name. Its easier to clear rare and obscure sample's , if the record company/artist are still able to be in contact. But nowadays, under the fair use doctrine sometimes artist just dont even clear samples, and just use it for promotional use only. Since many people are just putting out there music for free anyways, there not making money on that specific peice of music.

Personally, if im going to sample im going to be very cautious about, and keep in mind of all the legal aspects while conducting this practise.

 

[alkota]

Read this article and interview linked to it: Clearing Samples - My Thoughts on Sample ClearanceAlkota Beats

 

[greenflag]

If your you sample something and make a good amount of money from it I think the right thing to do would be breakin off a little piece of that cash to the original artist. You couldnt of done it without them... if its a song being put out for free or whatever then I dont think the law should step in. I just think its only right. If a song I made got sampled 20 years from now you better believe I want a cut lol

 

[Kruma]

I think it's fine to sample and release a track, publicly, as long as it's free to download and you're not profiting from it. However, if you use a sample for a track and make money from it, you should definitely be paying royalties/clear the sample.

 

[Blackmoore5050]

I usually try to twist my samples beyond recognition or use parts of a song that can't easily be found in the original song. Some underground producers just go with the flow and worry about legal issues when they become an issue.