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A question on sampling law
 

offline Deskjet on 2003-01-09 12:44 [#00508083]
Points: 14 Status: Lurker



I picked up an album I'd been meaning to get for a while,
Supermodified by Amon Tobin. it's a brilliant piece of work

and knowing that he uses a lot of samples in his music I was

expecting to see a huge list of sample credits but there
isn't any it simply states "written & Produced by Amon
Tobin.... but there's obviously a multitude of samples on
the record. How is it he can, for lack of a better term get

away with claming to have written and produced all the
tracks? Anyone know the ins n' outs of sampling law?



 

offline Ceri JC from Jefferson City (United States) on 2003-01-09 12:55 [#00508116]
Points: 23533 Status: Moderator | Followup to Deskjet: #00508083 | Show recordbag



I know it pretty well. It varies from country to country,
but the general spirit of the US/European/UK law is:

Samples must either be:
Used with permission,

"Royalty free" (the law says you have to prove they were
royalty free, not the originator prove they weren't),

From something you own the copyright to,

or there is some weird royalty payment thing (which I don't
claim to fully understand) whereby you have to pay some
percentage of your profits to some united artists syndicate
and can use extracts of a track (or do a cover version) even
without the artists permission.

Lots of recording artists don't bother to reference/pay for
samples if it's from something obscure...


 

offline hobbes from age on 2003-01-09 13:09 [#00508146]
Points: 8168 Status: Lurker



it depends on the number of "bars" you take.
wich does cause problems with bass lines...they hardly
ever get credited


 

offline Ceri JC from Jefferson City (United States) on 2003-01-09 14:00 [#00508194]
Points: 23533 Status: Moderator | Followup to hobbes: #00508146 | Show recordbag



In the Uk the court decides what proportion of the
composition it is that is sampled. A good example would be
the verve's "bitter sweet symphony" - the court decided it
was nearly all a cover (main melody was nicked)


 


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