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You need to get permission from the copyright holder, which has gotten substantially more expensive over the years. Hip hop tracks back in the 80s and early 90s
by granfalloon 13y ago
You need to get permission from the copyright holder, which has gotten substantially more expensive over the years. Hip hop tracks back in the 80s and early 90s used to contain loads of different samples all mashed together, but it slowed down a bit after people started suing. Nowadays sampling isn't quite as popular, and sampled tracks don't usually use more than one or two samples.
The rapper Fabolous had a hit song "Breathe" several years ago that contained a sample from a Supertramp song. The track leaked and became HUGE before they cleared the sample, so when it came time to negotiate Supertramp had all the leverage. Supposedly they got $100,000 plus almost all royalties, so Fabolous didn't make any money off the single. (Though of course he made tons on album sales).
EDIT: Just because you're supposed to clear samples doesn't mean people always do. If a sample is obscure enough or sufficiently altered, artists may try to get away with it hoping that no one will notice -- apparently that's the case with Daft Punk. I think Timbaland has gotten into trouble sampling foreign artists without permission ("Big Pimpin'", maybe), and the source of the sample in Nas's "Nas is Like" went unknown for around a decade. See http://www.whosampled.com/sample/4061/Nas-Nas-Is-Like-John-V.-Rydgren-Bob-R.-Way-What-Child-Is-This%3F/ http://www.whosampled.com/sample/4061/Nas-Nas-Is-Like-John-V...
- wikiburner 13y agoFor non-commercial use, can an artist sample without legal threat? For example, if an artist is just posting 80s style tracks with dozens of uncleared samples on their website free for their fans to download, doesn't fair use allow for it?
- granfalloon 13y agoI believe so, but not 100% sure. There are a lot of artists nowadays releasing sample-heavy music for free, and then making their money by touring and playing it live.
- JonnieCache 13y agoIn practice, people do whatever they want and then just apologise later if they get in trouble. Eg: https://www.facebook.com/photo.php?fbid=10151547332313143&set=pb.89126163142.-2207520000.1371741235.&type=3&theater https://www.facebook.com/photo.php?fbid=10151547332313143&se... which is apologising for: http://www.youtube.com/watch?v=BnigNbYVQJE http://www.youtube.com/watch?v=BnigNbYVQJE (This was a massive tune last summer, getting loads of radio airplay and all over the clubs. Hence the apology. Really, by these standards he should apologise to Mr Fingers as well: http://www.youtube.com/watch?v=Xmz3SVuHPhs http://www.youtube.com/watch?v=Xmz3SVuHPhs) See also: http://www.soundonsound.com/sos/aug11/articles/classic-tracks-0811.htm http://www.soundonsound.com/sos/aug11/articles/classic-track...
- schrijver 13y agoThis depends on the jurisdiction also. The concept of ‘Fair use’ does not exist in European copyright law, which makes any sampling without permission a potential copyright infringement.
- pbhjpbhj 13y agoThe test for infringement in Europe requires that a "substantial" part be copied however. Such samples [as in the OP video] IMO aren't substantial but I think the contrary point can be argued well as "if it's not substantial why copy it / it must be substantial to warrant reuse (with or without modification)"?
- pbhjpbhj 13y agoFair use isn't mutually exclusive with commercial use in the US though in practice there doesn't seem to be much scope for overlap. Also free-gratis isn't co-terminous with non-commercial as - for example - giving away a competing product is a commercial activity. Also moral rights can arguably be harmed by sampling ... and then you've got parody exceptions ... it's nuance all the way down.
- thristian 13y agoFor other people who were as curious as I was: "Breathe" by Fabolous: http://www.youtube.com/watch?v=e8zRiaLOkfc http://www.youtube.com/watch?v=e8zRiaLOkfc "Crime of the Century" by Supertramp: http://www.youtube.com/watch?v=RLcHStXAaNg http://www.youtube.com/watch?v=RLcHStXAaNg (the sampled bit seems to start about 2:07)