LIAC said:
In a traditional environment, that might be true however often within my organization, many of the artists (to include myself the CEO/Produce/artist) under my label make a collaborative effort to finance a project from start to finish. This works for us and I must admit that it is the best kind of clientel to have - drama free! No issues because we all have an agreement (documented and binding) which brings me back to the point of sampling. Even the most accomplished labels are wise enough to seek permission to sample "other artists material" to avoid legal problems. That's what initially prompted me to ask the question pertaining to sampling. Bottom line is that there's a right way and a wrong way to go about doing it, agree? Holla back.
LIAC
CEO/Producer
Trimod Productions
Let me just preface by saying that I am an amateur musician who has no real aspirations of making it big in the music business. I'm satisfied with the knowledge that people across the globe listen to and enjoy my music. Maybe down the road I would work towards getting some tracks officially released somewhere on a small independent label, but not at this time.
That being said, I am not at all worried about any legal problems simply because I do not profit from my music. I have to moral or ethical problems with sampling, except for the rare time I feel guilty as an artist for not personalizing the sample enough. Even if my music was being officially released on a small label, I don't think I would be too worried either. It's my understanding that the general consensus is that if the music is being released in small numbers in a limited market, nobody will really care. I realize that "nobody will really care" is obviously shaky ground to stand on, but there's something to that. It takes resources for a "big guy" label to go after a "little guy" such as myself for royalties, and I get the feeling that it many cases, it's simply not worth it.
Of course, many of us strive to sample obscure music, which adds a certain level of defense against legal action - if it's hard to tell where the sound came from, it becomes hard to sue over it. In addition to this, many of us enjoy mangling the sample into obscurity, making it unrecognizable from the original.
In response to the individual that stated that it's up to the artist to worry about it, not the producer - you have to remember that not all samplers are hiphop "beatmakers" or "producers". Electronic generas are full of sample-based music - everything from lounge to big beat is full of samples. The individuals that make this music aren't "producers", they're artists themselves.
Being a MC, lyricist, or vocalist doesn't make you an "artist" - it makes you just that, an MC, lyricist, or vocalist.