The different forms of hip hop music has always
used samples from back in the day. Some producers have sampled beats
or musical compositions from old vinyl records. Other producers rely
on the hooks of old records for inspiration. It is important
if you use samples and plan making the recording for sale in a commercial
environment you may want to get the sample cleared before proceeding.
Back in the day you could sample old records with out facing consequences
because no one was really sure how to handle samples. But after many
years of litigation and lawsuits there are many precedents for samples
in the music business today. Still many producers continue to
sample without checking into clearance for their samples which is
setting themselves up for real problems. When sampling other
artists you need to make sure you have the proper clearance because
in most cases you have to get permission to use other artists music
and you probably going to have to pay somebody.
In the music business now you should clear every
sample you use even if just a second long. If you are just doing beats
in your bedroom for fun and you are not trying to seriously consider
a career in music then you don’t need to get permission to use samples.
But if you are putting together beats that are going to be released
on record label you might want to get permission. If you are
the producer, it is your responsibility to let the record label and
artists know which samples you used. You don’t want the record label
and artist to get sued because you didn’t let them know your song
was chalked full of samples.
Who pays for the samples? When it comes to putting
up the funds for samples used in beats both the artists and the producer
shell out the funds for clearance of samples. Not all samples are
created equal. Sampling a piece of music from some unknown R&B
group from the seventies will probably cost you a lot less than sampling
from a major hit by Stevie Wonder or Michael Jackson. Let us pretend
you are producing a beat for Rick Ross and you use a sample from a
George Clinton song. Clinton’s publishing company may want half of
the publishing rights since George Clinton was one of the biggest
recording artists in black music in the eighties. Rick Ross might
not want to give up half his publishing and may even want to turn
down the track or beat based on that factor alone. To compensate Rick
Ross and label might negotiate where you as an up and coming producer
might not get publishing rights or points off the album.
Sampling is definitely a creative way of making
music. I would smack anyone who says sampling is not an art form.
Sampling is not for every producer. Producer like Kanye West built
there careers on sampling and PDiddy was sampling force back in the
90’s. Producers with a lot of money and Artists with big budgets don’t
mind using samples and giving up a part of their publishing for a
hit record, usually because they have a lot of money.