What is digital sampling? Digital sampling is when someone takes a small part of somebody's song, usually only a few seconds in length, then writes a new song around that sample. For example, Eric B & Rakim's song “Keep the beat" was sampled from Isaac Hayes song “Joy”. The Wu Tang Clan's song “M.e.t.h.o.d Man” was the hook from the Hall & Oates song “Method Of Modern Love”. One of the easiest samples to recognize is Vanilla Ice's song “Ice Ice Baby” which is sampled from Queen and David Bowie's hit song “Under Pressure”.
In 1985 with the release of the E-MU SP-1200 drum machine and sampler, a wonderful new world of sampling was now available at the rap and hip hop producers finger tips. In the next five years many albums would be released. Of these albums, three would be released that used E-MU SP-1200 in the production of them, forever changing the way that hip hop was produced. Those albums are as follows: Beastie Boys,”Paul's Boutique”, Public Enemy, “fear of a Black Plant” and Da La Soul,”Three Feet High and Rising.” Because of albums like these the digital sampling laws have became harsher, and albums like these will never be able to be produced in today's industry. Digital sampling laws require all samples used to be cleared, and it would just cost the industry way too much. For example, some one hundred and five songs where sampled in the production of Paul's Boutique. The total cost just to clear all the samples used in this album was a quarter of a million dollars which is low compared to today's standards.
Up until 1991 hip hop and rap producers weren't too concerned with sampling laws, but in December of 91 Grand Upright Music filed a lawsuit against Warner Bros. Records Inc. Grand Upright Music claimed that in Biz Markie's third album “I Need a Haircut,” he samples a portion of Gilbert O'Sullivan's song “Alone Again Naturally”( http://youtu.be/D_P-v1BVQn8)for his song “Alone Again” (http://youtu.be/4EKKa5a1FAE)without permission. Warner Bros. Claimed that Grand Upright did not own valid copyrights in the sampled song. Despite this, Grand Upright was able to produce documentation that Gilbert O'Sullivan had in-fact transferred rights to Grand Upright. Warner Bros retorts by saying this unapproved sampling was common in the industry. In the end Grand Upright Music won, and because of this hip hop producers where forced to be more creative with there samples thus hip hop was changed forever (http://youtu.be/LsAjmtKLz2M)
I don't agree with the court's decision. With the exception of the piano sample and Biz's use of the lyrics “Alone again naturally” it seems to me that Biz Markie's version of the song is an obvious parody which means it falls under the “Fair use Doctrine.” The fair use Doctrine permits limited use of copyrighted material without acquiring permission from the rights holder. For example, fair use includes criticism, research and obvious parody’s, to name a few. Courts are looking for three things when reviewing Fair use. 1) You did not take a large amount of the original work. 2) You transformed the sample in some way. 3) No significant financial harm came to the copyright owner.
Because of the Grand Upright Music lawsuit against Warner Bros. Records Inc, so many hip hop and rap artists and DJ's have taken the art of sampling to the next level and beyond. They dig harder to find samples that no one knows; they tweak the samples so no one knows what the hell there listening to. If any thing I think it's made hip hop grow to a new level.
Part 2. The Pros and Cons of Digital Sampling
Digital Sampling is a great way to make new music from old music. For example, I can sample the drum beat from one song and a bass line from another and write a new song using those samples. Writing music this way can be a lot of fun and challenging. One could spend all day or even a week finding just the right sample to use, and because of digital sampling laws there's a few things to look at before you start sampling all willy nilly.
If your a small time producer you might not be able to pay the outrages sampling fee's, so there are a few was to get around them at least wile your a small time musician. If you plan to make copies of your music and distribute them to the public you run the risk of getting caught, no matter how small time you may be. However, if you only sell your music at shows on a local level and don't produce more than one thousand CD's the owner of the sampled song would unlikely be aware of your samples.
By playing live shows your in the clear just don't record the show and distribute copies. The owner of the venue will have payed for a Blanket Licensing fee. This fee gives free access to music users without extensive, long-term planing. A blanket license grants permission of holders of copyrights, composers, songwriters, and publishers all in one fell swoop, theirs is no negotiation necessary, and licensing becomes a snap. Thus you can play and sample what ever you want with no fear of a lawsuit. When distributing a CD of your work with uncleared samples on it make sure that the samples are not easily recognized by the average listener. The samples used should not be used in the hook or melody if at all possible, and don't ever use the source samples title in the title of your song.
Having said this, I believe in giving credit when credit is due and will always give credit to the owner of samples used in my work. I believe that musicians being sampled in most cases have made quit a bit of money over the coarse of their careers and have no right to complain. Unfortunately most of the time it's the production company's and record labels that throw a fit when someone uses a sample that came from musicians on there company's label. This seems utterly absurd for many reasons, one of which being they have multiple artists in there “collection” that enables them to make ridiculous amounts of money. Why should I have to pay for a 3 sec sample that I'm going to chop up and make a new song out of? Why is it that it costs more to use a 3 to 10 sec sample, they it dose to just do a cover of the song?
The digital sampling laws are out of date and need to be brought up to today's standards. With the technology getting better and faster it's getting easier for the “average listener” to produce there own music. Maybe it's not the laws that need changing, maybe it's the multimillion dollar record labels that need to be looked at. The fair use Doctrine states that if no significant financial harm comes to the copyright owner then your in the clear. What is classified as significant financial harm to a multimillion dollar record label anyway. Their need's to be some sort of compromise made, I think if something uses a sample to make a new song than as long as credit is given then whats the harm.
Now if I put on the shoes of a famous musician with a privileged lifestyle custom to nice house, lots of cars, new clothes, maids that clean up and cook for me. I find out that some new musician has sampled one of my song and his album just went platinum. Now because of my record contract I only get 10 to 15% royalty's on each album sold. If each album sells for $15.00 I make $1.50 an album and to top it all off record labels produce ten's of thousands of albums each year and only a small percentage of those albums go gold or platinum. I have a 1 in 20% chance of producing a hit album. So when my music gets sampled and those samples aren't cleared I go to court and get my money I need to be able to support my lifestyle.
A common misconception is that musicians make a ton of money, they don't its a fount. Most record compromise give there artiest advances before an album comes out so they have cash for whatever. Sure touring with your band you can promote your album and hope for record sales to go up.
You can hope for good radio play, going on live TV for a late night show these are all ways to promote your album. Album sales are the only way to make any good money in the music business. It's easy to see why musicians like James Brown, Isaac Hayes and George Clinton would be mad its' hard being a musician every one wants you to do something your on the road, in the studio on the road again . All for money. So please don't sample me its hard to make money and your making it even harder .
