Law and Regulation
So who owns the rights to this music? How can so many music artists take songs, and sometimes voices or lyrics, and create something that uses pieces of the original? How do the original artists deal with the fact that they are not being paid for "sharing" their music with newcomers, who are now changing the meaning of these great songs?
How to Sample
Artists sample music using a 'sampler' that converts sound into digits and stores it on computer microchips (T. 15) . They can sample any one sound or words and can recreate that sound over and over again.
"It's something you put together out of bits and pieces other people have done" - Daddy-O, producer/rapper
Creativity vs. Legality
In 1992, a federal judge ordered a recall on rapper Biz Markie's album because one of his songs sampled a song by Gilbert O'Sullivan and he was unauthorized to do so
(Landis, and Jones, IV 2D). This court case set precedence over other potential cases involving rappers that sample music without permission from the artist or producer.
While some artists and producers are against sampling (and often take other musicians to court) some find it artistic, even innovative.
However, because sampling is done digitally using a computer program, it has been difficult for the law to "catch up with technology" and many musicians continue sampling only to occasionally settle out of court (Whyte M11).
One of the ways in which the government determines what is illegal and not is by how closely a 'sampled' piece of music is to the original, or how similar the two pieces of music are to each other.
(Landis, and Jones, IV 2D). This court case set precedence over other potential cases involving rappers that sample music without permission from the artist or producer.
While some artists and producers are against sampling (and often take other musicians to court) some find it artistic, even innovative.
However, because sampling is done digitally using a computer program, it has been difficult for the law to "catch up with technology" and many musicians continue sampling only to occasionally settle out of court (Whyte M11).
One of the ways in which the government determines what is illegal and not is by how closely a 'sampled' piece of music is to the original, or how similar the two pieces of music are to each other.
The Defense
Sampling music has been described as "repeating part of a record that grabs you" by music buffs such as DJ Premier.
What makes sampling so unique is that artists get to experiment with familiar sounds that stand out to them.
Other artists that prefer not to sample all their songs say the best way to do it is to make it less obvious. Using a sample that is concealed by other beats, sounds, and instrumentals is what makes it cutting-edge without taking too much credit away from the originator.
What makes sampling so unique is that artists get to experiment with familiar sounds that stand out to them.
Other artists that prefer not to sample all their songs say the best way to do it is to make it less obvious. Using a sample that is concealed by other beats, sounds, and instrumentals is what makes it cutting-edge without taking too much credit away from the originator.
