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To Sample Or Not To Sample

 

Mail from the courts and jail 

Claim I stole the beats that I rail... 

Public Enemy, “Can We Get A Witness,” 
It Takes a Nation of Millions to Hold Us Back
(Def Jam/Columbia Records, 1998).

The act of sampling was originally developed by experimental musicians who physically manipulated tape loops or vinyl records on a phonograph. By the late sixties, sampling influenced the production of psychedelic rock and jazz fusion. With the arrival of Postmodern era, the technique of reproduction or recreation was reflected in all forms of art. Music was no different, the rise of hip hop and electronic music in the eighties made the art of sampling vogue. Early musicians from the good old 40’s and 60’s often did not bother getting permission from copyrighted owners for the samples they were using. Even when hip-hop was contained within the block parties in Bronx no formal measures were taken for sampling music. Only when hip-hop arrived as a mainstream genre of music in the 80’s it became necessary to obtain legal rights. 

Today, from mass music that tops the billboards like Drake’s Hotline Bling with instrumental based on a speeded up sample from Timmy Thomas’s Why Can’t We Live Together to indie foundsound artists who create musical collages by collecting bits and pieces from mainstream media and subvert it for political statement; the contemporary music scene has embraced sampling. But it still remains to be legally controversial. Critics argue that sampling is simply theft, an abuse of somebody else’s intellectual property. But there is no denying that the art of sampling has given us some of the most innovative music. 
For an amateur musician, finding the right way to sample music can be a complicated and expensive task. To get a sample cleared of a copyrighted audio, the artist would need two different licenses. One for the usage of the master recording, often owned by a label and one for the usage of underlying composition, controlled by publisher or songwriter. The label who owns the master recording may ask for an up-front fee. A royalty amount is also expected to be paid to the copyright owner. 

But what if an artist cannot get hold of the copyright owner? More often than not, major labels and publishers do not bother independent artists for sample clearance. If your aren’t signed, you get an easy pass. Which is probably why myths about sampling laws are so prevalent. One of the most common myth is that you can legally use a copyrighted song if the sample is shorter than 6, 15 or 30 seconds. Here’s a reference to debunk this claim – Vanilla Ice song Ice Ice Baby borrowed bass line from Under Pressure; the sample was barely 3 seconds long but that didn’t deter Bowie and Queen’s team to threaten copyright infringement which subsequently resulted in an out of court financial settlement between them. 

An unsigned artist may stay under the radar. But if their work gets popular enough to get noticed, they may have to face tedious consequences. It’s not a far stretch to say that songs can gain popularity overnight thanks to the viral nature of social media. To avoid the drama, one can always create an original musical element to replace the sample. But if an artist is adamant on using copyrighted material, there is always an option of re-recording the sample. Then the copyrighted owner can be bypassed and the artist will just need to deal with the publisher. To find the publisher, search the song you are sampling on ASCAP, BMI, SESAC, SOCAN, and Harry Fox.  Locating the label that owns the copyright can be a little more hard-work. Look at the liner notes of a CD, or when in doubt – ask the internet!
Fair use of copyrighted material without the permission from the owner is usually permitted in cases of commentary, criticism and parody. For example, a music review quoting Bob Marley is within the fair use. Parodies and satirical reproduction are allowed an extensive use of original material in order to evoke a similar experience as the original. However, one must bear in mind that the laws of copyright defer from region to region. 

Besides the complicated process of getting a sample cleared, the art itself has unequivocally elevated the music industry. Sampling is here to stay and will take the musical course forward in new and exciting ways.  

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Comment below to let us know about your experiences with sampling. 
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Top 5 Richest Music Producers

When we think of money-loaded musicians, we think of famous rappers, singers and big bands. Music producers hardly pop up in our heads. But they are the back bone of the industry and they give their all to make a song climb up the hit-list. Music Producers have the power to alter lyrics and even change artists to get the best results. A big part of their job is scouting for new artists and honing their talent. Although they never get the limelight, they are the movers and shakers of music industry. 

We are listing top 5 richest music producers, who may be unknown to many but they are super talented and filthy rich! 

1. Max MartinMax_Martin

With the net worth of $250 million, this Swedish songwriter is also one of the richest music producers. Producer of “It’s My Life” by Bon Jovi, he has lyrically supported the crème de la crème of the industry like Backstreet Boys (“I Want It That Way”), Kelly Clarkson and Britney Spears.  Martin has written or co-written 22 number one Billboard Hot 100 hits, producing or co-producing many, including, Katy Perry’s “I Kissed A Girl” and The Weeknd’s “Can’t Feel My Face”. 

2. Dr. Dre 

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Andre Romelle Young, famously known by his stage name as Dr. Dre is a rapper, record producer and a successful entrepreneur. Founder and CEO of Aftermath Entertainment and Beats Electronics, he has produced albums and guided careers of top-notch rappers like 2 Pac, Snoop Dogg, Eminem, 50 Cent, The Game and Kendrick Lamar. With a whopping net worth of $740 million, Forbes has named him as the third richest figure in the hip-hop scene. 

3. Berry Gordy Jr. 

Berry Gordy Jr. - 1965

Oldschool genius, American record executive, music producer, songwriter, film and television producer; Gordy is a man of many talents. He is the founder of Motown record label, responsible for gems like Stevie Wonder, The Jackson 5, Marvin Gaye, Diana Ross and the Supremes and Gladys Knight. An estimated net worth of $345 million makes him one of the most successful names in music industry.

4. Jimmy Jam and Terry Lewis

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Standing at net worth of $50 million, American R&B songwriters and record producers have topped the chart since the eighties with various artists, most notably, Janet Jackson. Having written 31 top ten hits in the UK and 41 in the US, they make a fiery team!  One of the selected few producers to put out number 1 record for three consecutive decades, they have supported the careers of most illustrious names in the industry like Micheal Jackson, Prince, Shaggy, Maria Carey and Mary J. Blige.

5. Rick Rubin

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Federick Jay Rubin, also known as DJ Double R, is an American record producer and the former co-president of Columbia Records. Co-founder of Def Jam Records along with Russell Simmons, he also established American Recordings. Rubin is known for mainstreaming hip-hop with careers of artists like Run-D.M.C, Public Enemy, LL Cool and Beastie Boys. He is associated with many acclaimed musical sensations, to name a few – Kanye West, Jay Z, Lade Gaga, Shakira, Metallica, Black Sabbath, Lana Del Rey, Ed Sheeran and Adele.  With an estimated net worth of $400 million, Rick Rubin is one of the most influential music producers in the industry. 

We hope we have uncovered masterminds behind your favourite songs and artists. For budding music producers, they are real life inspirations.