FEATURE:
The Good Mixer
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Could a Revision of Copyright Laws Regarding Sampling Lead to a New Revolution?
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I was writing about…
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sampling a while ago, and I mused as to why we do not see too much of it these days. There have been cases where artists have been sued for supposedly copying someone else’s work; there is an ongoing battle regarding Led Zeppelin’s Stairway to Heaven, and whether it infringes another song. Pop stars like Katy Perry have been in trouble because of copyright and plagiarism rows. Once was the time when music was awash with sampling. During the 1980s and 1990s, some of the finest Hip-Hop artists were bringing together a variety of sounds around their own words. Pop and Rock bands were also sampling and, whilst it is not so common now, there is a bit here and there. Not that sampling is the secret ingredient to a fantastic album, but I think there are so many artists out there who could create wonderful records if there was more freedom regarding other sounds. Maybe this is not timely, but I have been investigating more older music and artists I was not aware of before. I often wondered whether there could be a sampling app or programme where you could take a section of any song recorded and blend it into your own creation – so long as it is not released or made public, it would be a great treat for people. As I said, there are a few samples in songs, but there has been this decline.
IN THIS PHOTO: Robert Plant and Jimmy Page of Led Zeppelin in 1971/PHOTO CREDIT: Jay Dickman
I wonder whether this constant fear of litigation and fallout means artists are not even bothering to think about samples. There are a couple of stages regarding obtaining permission to use a song/part of it, and it sounds relatively straightforward on paper. The problems arise when trying to contact those involved with the creation of a song. Often, there are many different parties involved, but the main problem is permission and fee. Many estates and labels do not want their music used, and if they do grant permission, they will charge a huge fee for the privilege. As I have said in past features, it is inestimable that they will want a fee, as an artist might make a lot of money from their song that samples – this is only really only true of mainstream acts. Smaller artists cannot usually afford to pay for a sample, and it does present a quandary. This is this gigantic archive of music that people share online and listen to, that would sound incredible when used by a contemporary artist. I feel genres like Hip-hop, which was awash with samples in its golden era, has had to evolve and change direction because of copyright laws and lawsuits. There are articles that explain when you need to ask permission to use someone else’s music, so there are no excuses out there. Look at ground-breaking albums that have been sample-based, and it is clear why these albums resonate.
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Modern artists uniting various genres and artists not only makes a song sound bigger and gives it more voices; it is, as I have remarked before, a great way to introduce people to artists and albums they might not be familiar with. I do miss the days when albums were liberal with samples, but they still managed to retain focus and personality. Of course, a lot of the albums released that have featured samples have got into trouble; artists sued because they did not get clearance. What is to be done? Maybe it is not a huge thing for most people, but I do think there could be this is this possibility for all genres. I do think there could be some middle ground when it comes to laws and how artists are charged. If there is a mainstream artist whose song – that uses a sample – gets millions of streams, they will make a lot of money and, therefore, it is only right a fee is asked for. How about the smaller artists who have very little money, yet are intrigued by older sounds and want to blend that with their own music? Obviously, if there was a programme where you could access any part of any song and put it in your own, it could not allow artists to share that. I think there could be a channel whereby artists could get permission from labels and artists easier and, at a time when streaming does not provide too much money to artists, negotiations could take place. With big court cases and the fear of copyright infringement, it is natural artists are reluctant to sample. It is a pity because, when music new and old is shared to people, it can change lives and…
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TAKE music to brave new places.