Posted: Fri Sep 17, 2004 6:53 pm
wow this one is damn complicated and there is much much grey area both legally and creatively so forgive me if this sounds contradictory at times.
the act of manipulating is all relative to the manipulators ears. some people thinking pitching it down three steps and eq'ing works. others run the shit through every fx twice. whatever.
but if someone is actually manipulating a sample so much that it is unrecognizable than noone can figure out what the hell it is unless they rooted around and found your original source material. end of story right?
but no matter how obscure the shit is, if you can tell that it sounds remotely similar to the original you know you best watch out for the legal...
there was a situation with a Madonna on one of her semi-recent songs in which the producer used a guitar sample. how ever obscure as it was, the recording was from somewhere else. a song written by another musician, that he put his soul, time, money into. now just because its madonna and she is loaded, in this situation is besides the point. it was someone elses music, pitched down slightly and changed to fit the song. it was the melody of the original material. it slipped by uncredited. the producer may have not even remembered where the sample was from, or had it poorly labelled. why is it ok for someone to use someone elses song without asking? just because it was out in public? its not like taking a Manet, Monet, Picasso and painting over it. its like going to the museum and grabbing the actual art and painting on that. (oddly enough i know plenty of musicians who are game to sue anyone that comes near somnething they wrote but take any picture off the web and use that.)
now the record companies definately have it out for everyone and are very obviously in bed with Congress. they fuckk anyone over left right and center. just look at how they rip publishing from artists.....think about how many african american musicians have the rights to songs they wrote compared to the few old white guys that own all of them.
so copyright extension laws suck for reasons such as these guys keeping those songs forever-
but what if the musician owns the publishing and/or recording of the one tune that made any money ( and has the possiblity to make more through licensing or whatever)---spent his whole life being a productive creative individual but has not a dime to pass on to his children in pensions or even cash---cant his kids inherit that.....tricky situation then......
so even while the record companies are ripping off the musicians--if you sample a musicians playing--it hurts them too...a fellow musician. thats all they are. a fellow musician, engineer, or producer trying to make a living being creative. they created something, and it sucks that we have to worry about getting sued if we even give them the respect they deserve by mentioning them. the least we should be able to do is give them credit.
nother grey area though-if you are creating a new piece of music out of tidbits-you should get credit for writing (as well the sampled person, as they contributed to the writing) which gets messy with publishing....if you read the liner notes on DJ Shadows Endtroducing and then read the liner notes on Private Press-you know what i am talking about--not sure what happened in that situation but apparently Shadow wasnt allowed to say he wrote some of those tracks and that he "compiled" them or something like that. lame.
sometimes clearing samples beforehand can cost little, or the artist is willing to negotiate (if the label allows)...sometimes these artists will actually work with you on YOUR music. again they are musicans looking to create music just like us!\
its a shite situation and the record labels do little to help, they only understand about keeping money in their pocket. they dont care about us being creative or not, they just want to keep the money. they saw public enemy as money going out to every sample. they didnt like that. they saw puff daddy only using one sample and selling two hits (the original and his newone). They like that. Then Dr. Dre figured out that instead of paying for recording and publishing he could find a sample, base a song around it and then just rerecord it and pay only for publishing......
such a mess such a mess,, be honest and remember to treat your fellow musicians with respect as we all want the same thing-to make music.
how would you feel if someone used a piece of music that you spent hours/weeks/days/months programming/recording/playing/writing and didnt give you credit? sucks.
also-if you aint selling enough records or pissing Kasey Kasem off not many people will take notice.
anyway, sorry bout the rant,...have fun making music.....
love
elijah
the act of manipulating is all relative to the manipulators ears. some people thinking pitching it down three steps and eq'ing works. others run the shit through every fx twice. whatever.
but if someone is actually manipulating a sample so much that it is unrecognizable than noone can figure out what the hell it is unless they rooted around and found your original source material. end of story right?
but no matter how obscure the shit is, if you can tell that it sounds remotely similar to the original you know you best watch out for the legal...
there was a situation with a Madonna on one of her semi-recent songs in which the producer used a guitar sample. how ever obscure as it was, the recording was from somewhere else. a song written by another musician, that he put his soul, time, money into. now just because its madonna and she is loaded, in this situation is besides the point. it was someone elses music, pitched down slightly and changed to fit the song. it was the melody of the original material. it slipped by uncredited. the producer may have not even remembered where the sample was from, or had it poorly labelled. why is it ok for someone to use someone elses song without asking? just because it was out in public? its not like taking a Manet, Monet, Picasso and painting over it. its like going to the museum and grabbing the actual art and painting on that. (oddly enough i know plenty of musicians who are game to sue anyone that comes near somnething they wrote but take any picture off the web and use that.)
now the record companies definately have it out for everyone and are very obviously in bed with Congress. they fuckk anyone over left right and center. just look at how they rip publishing from artists.....think about how many african american musicians have the rights to songs they wrote compared to the few old white guys that own all of them.
so copyright extension laws suck for reasons such as these guys keeping those songs forever-
but what if the musician owns the publishing and/or recording of the one tune that made any money ( and has the possiblity to make more through licensing or whatever)---spent his whole life being a productive creative individual but has not a dime to pass on to his children in pensions or even cash---cant his kids inherit that.....tricky situation then......
so even while the record companies are ripping off the musicians--if you sample a musicians playing--it hurts them too...a fellow musician. thats all they are. a fellow musician, engineer, or producer trying to make a living being creative. they created something, and it sucks that we have to worry about getting sued if we even give them the respect they deserve by mentioning them. the least we should be able to do is give them credit.
nother grey area though-if you are creating a new piece of music out of tidbits-you should get credit for writing (as well the sampled person, as they contributed to the writing) which gets messy with publishing....if you read the liner notes on DJ Shadows Endtroducing and then read the liner notes on Private Press-you know what i am talking about--not sure what happened in that situation but apparently Shadow wasnt allowed to say he wrote some of those tracks and that he "compiled" them or something like that. lame.
sometimes clearing samples beforehand can cost little, or the artist is willing to negotiate (if the label allows)...sometimes these artists will actually work with you on YOUR music. again they are musicans looking to create music just like us!\
its a shite situation and the record labels do little to help, they only understand about keeping money in their pocket. they dont care about us being creative or not, they just want to keep the money. they saw public enemy as money going out to every sample. they didnt like that. they saw puff daddy only using one sample and selling two hits (the original and his newone). They like that. Then Dr. Dre figured out that instead of paying for recording and publishing he could find a sample, base a song around it and then just rerecord it and pay only for publishing......
such a mess such a mess,, be honest and remember to treat your fellow musicians with respect as we all want the same thing-to make music.
how would you feel if someone used a piece of music that you spent hours/weeks/days/months programming/recording/playing/writing and didnt give you credit? sucks.
also-if you aint selling enough records or pissing Kasey Kasem off not many people will take notice.
anyway, sorry bout the rant,...have fun making music.....
love
elijah