Re: digital sampling

On 03/15/00, Derric G. Oliver <derric[_at_]mill.net> wrote:
>
> On Mon, 13 Mar 2000, Larry Helfer <larry.helfer[_at_]lls.edu> wrote:
> >
> > Does anyone know of an example of digital sampling (i.e. the copying
> > and splicing of a few seconds of a preexisting sound recording) into
> > a new musical work/sound recording where both the sampled song and
> > the new work are available for purchase? I know that Biz Markie
> > sampled Alone Again Naturally in his song "Alone Again" in his album
> > "I Need a Haircut". However, an injunction was issued, see Grand
> > Upright Music v. Warner Bros.Records 780 F.Supp. 182, and the song
> > is no longer available on the album.
>
> there are thousands of songs that sample songs that are currently
> available. a vast majority of rap albums include samples. the artist,
> ice cube, (and many, many other rap artists) use samples of
> p-funk/parliament tunes on tons of his songs.
>
> the reason the songs incorporating sampled material are not enjoined
> from use or manufacture is because they've been properly licensed.

Or, more likely, because the owner of the sampled work is unaware that their work has been sampled. Or they are aware of it, but do not think a lawsuit will be worth the time and expense.

Before going to law school, I worked at a rap record label. Even though our company attorney stressed to all the artists the importance of letting him know about any samples, and made clear that he would do all the work involved in obtaining licenses (although technically the artist contract required the artist to do so), there were many cases where we only found out about a sample after the record's release.

On one of my first days at the label, I was sitting in my boss's office, and music was playing from the A&R man's office down the hall. Suddenly my boss leapt out of his seat and ran down the hall screaming, "I hear turtles! I hear turtles!" I thought he was having some kind of acid flashback until I realized he had just heard an unauthorized sample of a song by the Turtles. We cleared that one, but who knows how many others we missed?

Theodora Michaels
<tmichaels[_at_]carlinamerica.com> Received on Thu Mar 16 2000 - 15:03:23 GMT