Sample clearance

  • Thread starter Thread starter wordizbon
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I know Incubus' former DJ - DJ Lyfe. He told me that Incubus' record label picked certain samples he used based upon their resemblance to the original source and these were the ones they would clear. They figure that the processed ones will be harder to detect and less likely to result in a lawsuit. Of course, this is a big label who can weather a lawsuit.

Isn't the clearing of samples a moot point unless you sell your music?...or not?
 
Technically, whenever you use a piece of someones material you are violating the copyright law, but in reality about the only time that anybody cares is if there is money involved or if they can get money via a lawsuit. You could sue someone to get them to stop using your material but if you can't prove monetary damages or their monetary gain (from your material) you won't get a dime (maybe at best, court costs).

-Sal
 
My 2 cent...

You all know that hiphop in general is all samples right?

How much contrast in clearance is their pricewise, as of if you do get caught. I like what SalJusSal said about the monetary gains.

I myself admittedly sample my music and turn it into something new, for indtance I find some drums, adn cut them to individual hits and rearange then to how I like etc, same thing with sounds.
It's the way hiphop works and it is an art in it's own. People like what I create and they will buy it if this is the case. just as if they will buy your bands music if they like it. I have oppurtunities for people to play music for me, and I pass on it because I like the challege of taking something already made and making it something new.

As for your band, spending two days in a studio making that drum sound right, in the ways of hiphop production we'll spend months upon months searchin to find those drums that sound right.

ok, I had a point to make but i forgot it.

Oh yeah I just remembered something.

Is their a difference in getting sample clearance from a small unknown type sample source person, other than a huge artist like Prince or soemone of fame and wealth?
 
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how does one go about sampling a bass drum from a song (britney spears, metallica, etc) anyway? Someone mentioned that earlier. Is this possible? How do you isolate the kick from the rest of the music?
 
actually...

fenix... to answer your question, you can't sample anything from anything but what the music is as an entirety. One of the reasons why sampleing involves alot of looking and searching for open drums etc, and open bass way harder etc. You can try to fliter out what you don't want bu it will never be out of the mix entirely and will make it sound worse usually.

if theirs vocals over a sound you like, you can't go around the vocals, that's the music, that's the sample.

peace
 
If i remember correctly, the new copyright law states that you can sample anything that you want and it is legal until the original artist has a problem with it, in which i'm SURE they would. I think it would be easiest to just clear the sample before you use it, but most importantly, respect the hard work involved to make the sound/sounds. I produce hip hop music and alot of what i do is just using sounds already created in a sound module, that's it. And i make good beats using these sounds, but still, i believe the real artist is the ones that know how to read and write music, tweek their sounds to sound just right. There is ALOT of hard work involved in making a sound sound just right. We can argue the point forever, but what it comes down to is chance. If somebody is willing to take a chance without clearing the sound, and somebody's song hit's big, and the original artist takes you to court... I have no simpathy for you.
 
when it all comes down to it, the same dude who doesn't want to pay for the loops he boosts is going to want for you to pay upwards of $15 to buy the songs that he creates with those boosted sounds.
 
So, those of you who think sampling is wrong without exception, do you think Jasper Johns should de sued by the New York Times?

http://www.metmuseum.org/collections/co_rec_acq/co_rec_na_1998_329.htm

You can't make it out from these pictures, but this very famous image was created by dripping beeswax over newspaper clippings, sort of like a wax paper machete collage. Since the wax is translucent, when you look closely at the "painting" you can make out scattered paragraphs and images from the original newspapers he used.

According the arguments made by some in this thread the method Jasper Johns used to create "White Flag", which is very akin to creating "origional" music using altered samples, is both legally and morally reprehensible. He should be sued by the publishers from whom he robbed his source material and he should be shunned by the art community.

Well, if you're lucky enough to ever visit it in person and see the subtle beauty and texture of this painting (which pictures can't even begin to convey), I think you'll find yourself praising the ARTIST rather than condemning him.

barefoot
 
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