FEATURE:
The Sample Library
IN THIS PHOTO: Tracy Chapman (Nicki Minaj used a snippet of her 1988 song, Baby Can I Hold You, in her track, Sorry. Minaj has agreed to pay $450,000 due to unauthorised usage)
Clearing Up Copyright Laws and Providing a Database for Artists to Use
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I have written a few articles…
IN THIS PHOTO: Nicki Minaj
regarding samples in music, as it is one of my absolute favourite things. I feel the golden age of Hip-Hop (roughly between 1986-1991) was defined by samples. Artists of the time were delivering important songs and big messages but, augmenting their music and making it so much fuller and more variegated was where samples came in. Not only did one get to hear different voices and layers in a song, but listeners were being introduced to new artists they might not have come across otherwise. I have discovered so many older artists and songs from hearing tracks from De La Soul, Public Enemy and the Beastie Boys that used these incredible samples. It was problematic using samples in the 1980s and 1990s because of legal issues. Artists would do it anyway and, whilst some were sued and had to pay royalties, other albums are packed with samples – whether the artist got clearance or not. This piece is inspired by a recent piece of news where Nicki Minaj has to pay Tracy Chapman for unauthorised use of her music. This article from The Guardian explains what happened:
“Nicki Minaj has agreed to pay $450,000 to Tracy Chapman over a copyright infringement dispute.
The rapper had been set for trial after the singer sued her for using a sample of 1988 song Baby Can I Hold You in her track Sorry, a collaboration with Nas which was never officially released but was played on New York radio station Hot 97. Court documents have now revealed that late last month, an out of court settlement was made instead.
Minaj and her reps had approached Chapman to use a sample for inclusion on the album Queen but their request was rejected. Chapman is reportedly on a “do not sample” list of artists who do not give the rights to use their work.
Chapman said in a statement. “I was asked in this situation numerous times for permission to use my song; in each instance, politely and in a timely manner, I unequivocally said no. Apparently Ms Minaj chose not to hear and used my composition despite my clear and express intentions”.
To be fair to Tracy Chapman, she had made it clear that her music was not allowed for sampling. In a wider sense, I think that it is difficult for artists to use other musicians’ songs because there is not clear guidance, or it is expensive to get clearance. I will not repeat what I have said before, but I feel music today could be enhanced and enriched if more samples were used. There are so many copyright laws and restrictions when it comes to sampling, so many are being put off of using them in albums. I think that there should be a library or resource where artists and songs can be listed and there is information as to whether they can be sampled and, if so, how much it costs to use that music. Alongside this, it would be good if there were contact details of the artist’s label or estate - so that they could be contacted easily.
PHOTO CREDIT: @bill_oxford/Unsplash
There is a bit of sampling happening today, but it is a lot more modest and limited than decades past. I think that artists and estates need to be a bit more fair-minded when it comes to artists making approaches. Many refuse without consultation but, when big artists can earn a lot from streaming, there could be a deal struck where the other party gets a healthy share of a song’s profits – that is not so beneficial for smaller artists who cannot generate so much revenue. I do think that so much gold can be created by injecting samples of rare and well-known songs. It is difficult for ambitious artists now because of the fear of being charged a lot for a sample; others are not sure which artists and songs are available to sample so, circling back, there needs to be some form of database where there are lists artists can refer to. I understand that legal cases will arise when music is used without permissions, but there seems to be rigidity from many artists. Also, copyright laws and regulations do seem to be quite inflexible and strict - so let’s hope that this is revised in years to come. I really love sampling and albums that splice different songs together seamlessly. Music today is great, but I think it can be made even finer and more interesting if there was a way for artists to sample more easily without having to worry about spending a lot of money. Over the pas few years, there have been high-profile cases where artists have had to lose quite a lot of money because of sampling issues. It is such a shame to see and, if there were new laws drawn up and a way for them to use songs more fairly and freely, then it could have a massive impact…
PHOTO CREDIT: @joseantoniogall/Unsplash
ON the musical landscape.