Sampling in Music

How Do We Sample?

McLeod Suzanne Vega Clyde Stubblefield George Clinton “Walk This Way” “The Takeover” and Alan Lomax

Pay and Permission A work with a sample is usually a derivative work Master use license Obtain from record label and/or recording artist or whoever owns the “master” recording copyright Remix clause in most recording contracts (moral?) Up front fee and running royalties Mechanical license Obtain from publisher/composer/songwriter They collect a % of publishing royalties (25%- 100%) on new work; running royalty

PROs and Trade Organizations RIAA: protect IP, lobby, research, certification for recording industry Big 4 MPAA: protect IP, lobby, research, film rating for film for Big 6 studios ASCAP: collect performance license fees; royalties BMI: collect performance license fees; royalties SESAC: collect performance license fees; royalties SoundExchange: PRO for performance and sound recordings for digital performances Sample Clearance services

Defenses? Fair Use: P&C, Nature, Qual/Quant, Harm De minimis: copying is so small is doesn't warrant a fair use analysis You can't say “I tried to license,” “they didn't respond,” etc. LICENSE or its infringement “Lay audience”: would members of an audience of regular people recognize the original work in the new work.

Different Uses? Transformation or transformative use: adds to the original work in a way; a progression or leap forward that benefits public Create new meaning or new expression Derivative: translation, adaptation, etc. Uses an original work w/out building upon it Transformative uses are likely “fairer” uses in court because they directly critique/build upon the sampled work instead of using it verbatim

Interpolation Pay compulsory mechanical, perform song, and sample performance