How does one get away with sampling? I know you basically have to flip it and not make it sound like the original piece but how do you measure that? Can one just take a song, put some reverb on it, and then you don't get in trouble? I assume you have to give the person you're sampling credit but do you also have to pay them too? Or is that just the case if you are getting money out of it too?
Sampling
Logan Morales
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Aiden Cook
Depends
Levi Rivera
change the pitch m8
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James Rivera
Henry White
It has nothing to do with how much you change it, all that matters is that you legally clear it with the copyright holders. If they permit it you could theoretically completely rip it off.
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Jacob Robinson
I know depends is the answer to any question user but could you give me some different sides on what it depends on.
Charles Ward
this is probably a better example
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Noah Ross
Is a cover band sampling?
Ian Cox
no, they are covering
James Miller
The reason I put the Avalanches as the thumbnail is they used hundreds of samples in their album. Did they seriously have to get all of that cleared by the copyright holders? That would take years of legal battle to complete.
Samuel Fisher
you're talking about what counts as plagiarism. it comes down to transformation. the artist has to transform the artwork to a certain extent in order to make a new statement, invoke a different feeling, or create a different image.
pic related is a classic example. use your judgement, there's no empirical way to tell if something is transformed or not.
as for sampling, i think you'd agree that these samples are transformed and pieced together enough to create an entirely new song
youtube.com
but this is much more questionable
song:
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sample:
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Daniel Foster
god i love the avalanches
Angel Murphy
plenty of ways to flip a sample without giving away the source
Henry Perry
Meaning that it's still getting litigated; there isn't an easy answer. It used to be a free-for-all, but then people started suing and winning, and now they generally get clearance and pay for samples to avoid the headache.
So yeah, it depends. You can flip it and try to make it not sound like the original, and that might help you, but it won't protect you from getting your ass dragged into court where you'll end up hiring musicologists to explain how what you're doing is legal.
Ayden Diaz
Do the Avalanches have to go through this when they put out stuff?
Aaron Williams
yeah they hire a specialist whose entire job is to clear samples for them. They've said they don't actually clear everything though. Like if it's completely unrecognizable and they know they'll get away with it they don't clear it. Usually drums and small sound effects from movies and stuff
Asher Scott
option A: change it enough you don't get caught
option B: hedge your bets and pay royalties
mix A and B to taste
Jackson Price
I'd say in most cases it's best for big artists to get permission
Another good sampling example is Kanye
On School Spirit, the copyright holder wouldn't allow him to use their song as as sample in the song unless it was clean
That's why even on the explicit version of the album when Kanye says nigga, fuck, etc it's censored
Juan Campbell
just sample people that will never know your music exists and you should be fine. really doubt most hip-hop producers go around getting rights for obscure library music made 30 years ago
Jack Anderson
Technically you need to get permission from the rights holder (i.e. the original label or artist). But if you're making underground music, people don't usually care enough to sue.
Benjamin Edwards
option C: don't change it that much and hope no one sues you. usually works out for smaller artists.
Robert Taylor
They did clear everything, and the ones they absolutely couldn't clear they had to remove. There's a really interesting article on the woman who cleared samples for them here:
daily.redbullmusicacademy.com