Many artists use samples in their music. Sampling has been a key element of music (especially hip-hop) for a while now. And today, with all of the state-of the art equipment and easy access to music via the internet, it is especially easy to find and use a sample. But it may not be easy to pay the cost.

Good Times- As long as you got the money

Sampling can be traced all the way back to 1961 when James Tenney used samples from the Elvis Presley song “Blue Suede Shoes” to create Collage #1 (Blue Suede.) However, sampling did not become very common until DJ’s and producers of hip-hop music started using breaks and loops from other records during shows and in their music. The first hip-hop single to feature sampling was the now legendary “Rappers Delight” in 1979, in which The SugarHill Gang rapped over the break down section from Chic’s “Good Times.” At first their label attempted to avoid paying for their use of the song, but after they were threatened with a lawsuit (and reportedly at gunpoint), they paid $500,000 in cash to the publishers of the song.

While this particular event might seem like a rare case, it is not uncommon in the music business. This business is all about money, and even though artists love the music, their music is often owned by companies who only care about money. Therefore, if you ‘borrow” something from them, you must pay!

When you sample music from another recording, you will need 2 clearances: One from the copyright owner of the song, who is usually a music publisher, and one from the copyright owner of the master tapes, which is usually a record company. So how do you contact these people and how much will you have to pay? First you will have to find out who owns the publishing and who owns the master. One way to find out who owns the publishing is by visiting performing rights society websites such as www.bmi.com, www.ascap.com, or www.socan.ca and finding out which organization publishes the song. You can also get assistance at the Harry Fox website www.harryfox.com. If you can’t find the information online you can call these organizations and get the name and address or the phone number of the publisher. Then you can either write them or call them and ask for their permission to use their sample. Then you need to find out who owns the master. If the publisher can not provide you with this information you can check online record stores or local record stores for the information. You can also hire a Sample Clearance specialist to handle this process for you. You can search for these companies on the web or you can contact record labels and ask them to refer you to the right people.

The Price of Business

Many independent artists do not get samples cleared. Why? Because they are ruthless music thieves who believe that they are entitled to use anybody’s music for free? Probably not! For one, they may not be fully educated on the importance of getting a sample cleared. Maybe they don’t understand the process. Maybe they feel that the original owners of the music will not realize that they used it. Or, maybe they can’t afford it! Many music owners will not grant independent or unsigned artists clearances because they are not convinced that they will receive enough compensation for their contribution. Prices will vary, and there are no standard rates, but music publishers may want an up-front advance (possibly $250-$5,000) and a percentage of the songs income (usually between 15% and 50%). The owner of the master will also want an up-front payment (usually at least $1,000) and a roll-over which is paid when a certain number of units are sold. Sometimes they may even ask for a portion of the future records royalties.

What if you choose to ignore the laws and use the sample without proper clearance? Big mistake! While you may be lucky enough to get away with not clearing samples, the price you pay for getting caught will be a costly mistake. De la Soul’s unauthorized use of a twelve second sample from the Turtles’ song “You Showed Me” resulted in a $1.7 million lawsuit, which was settled out of court for a 5 figure sum. Biz Markie’s unauthorized use of a Gilbert O’Sullivan ballad, “Alone Again”, was ruled a criminal theft and Warner Brothers was forced to recall and discontinue sales of his 1991 album I Need a Haircut. Sean “Diddy’ Combs, who is well known for using samples, was ordered to pay $4 million to a publishing company for an illegal sample of The Ohio Players on the Notorious B.I.G. song “Ready to Die.” The list goes on but the point is this; Samples cost money!

Other Options

There are ways to avoid paying big money for samples. One way is to use live instrumentation and replaying parts that you would like to sample. You will still need permission from the music publisher, but not from the owner of the master. Another thing to think about when sampling is to try not to make it too obvious. The more unrecognizable you make the sample, the harder it would be to distinguish. There is also what’s called fair use, which means that you have the right to copy a portion of copyrighted work without permission for limited purpose. Limited purpose could be for educational use in a classroom, or to parody the work being sampled. For example, 2 Live Crew’s recreation of Roy Orbison’s “Oh Pretty Woman” was considered fair use because they only used the opening riff once and it was for purposes of parody. Before you think that you are getting away with this though you should really look further into it. It’s better to be safe than sorry.

So whether you feel you’re the next Kanye West, or if you just have to use a sample to help you complete that perfect song, you’d better consider all of the legal aspects of your decisions. They just might come back to haunt you.