Music Industry Sampling & Copyright Chris Bakerwww.musicstudentinfo.com
Sampling What is it?• Sampling is the use of portions of pre-existing recordings which are incorporated into a new piece of music.• The songwriter or their music publisher usually owns copyright of the song.• The record company usually owns copyright of the sound recording.• Both must give permission for a sample to be used.
Sampling What is it ? Cont.• Any piece of music containing a sample from a pre-existing piece of music must be cleared with the original copyright owner, no matter how small the sample.• The original copyright owner is entitled to refuse permission or to charge for its use.• Details of the sampled work should be included when registering the piece of music.
How can samples be registered?Samples can be registered in TWO ways1) By the new copyright owner - the original copyright ownermust be listed and the shares allocated.2) By a record company applying for clearance to record musicwhich included a sample of pre - existing piece of music.Once notified of the new music, the shares will be registered asrequested and all parties informed.
Sampling Case Study 1Mutya Buena sampling Lenny Kravitz for “Real Girl”“Real Girl” by Mutya Buena (formerly of Sugababes) containsmusical samples from “It Ain’t Over” Til It’s Over” by LennyKravitz.
Case Study 1 Details• The Publishers of “Real Girl” approached EMI Music Publishing for clearance of the use of musical elements from Lenny Kravitz’s composition by sending them a recording of “Real Girl” and a description of the sample use.• Once the terms were agreed, agreements were signed by all of the parities, setting out the full terms and conditions of the sample license.• Once completed the sample was cleared and, from that point, the new work could be released commercially.
Listen!Mutya Buena sampling Lenny Kravitz for “RealGirl”
Sampling Case Study 2Dizzie Rascal Sampling “Happy Talk” for“Dream” (2004)
Sampling Case Study 2 Detail• Dizzie Rascal, on his single “Dream”, used a sample of Captain Sensible’s version of the song “Happy Talk”.• Captain Sensible’s track was in fact a complete cover version of Richard Rodgers’ and Oscar Hammerstein’s “Happy Talk”, written in 1949 for the music al South Pacific.• Rodgers and Hammerstein own the copyright in the music and lyrics for “Happy Talk”.
Sampling Case Study 2 Detail Cont.• This means that, when Captain Sensible recorded his direct cover version, all the royalties in the music and lyrics (i.e. the song) go back to them (but royalties for the sound recording- the record - go to Captain Sensible.• When Dizzie sampled and changed the song, the royalties again go to Rodgers and Hammerstein, but they agreed a small amount to go to him for his own rap contributions.• Dizzie would also have needed permission from Captain Sensible’s record company for sampling the master recording of the cover version.• He may have paid a flat fee, or agreed a small royalty. Therefore, ‘Dream’ belongs almost entirely to Rodgers and Hammerstein, and Dizzie would even have needed permission to change the title.
Case Study 3 The Verve V Rolling StonesU.K. Rock band The Verves biggest song "Bittersweet Symphony"is bittersweet to the band and singer Richard Ashcroft after alawsuit awarded all songwriting credit and royalties to MickJagger and Keith Richards.
Case Study 3 The Verve Vs Rolling Stones DetailThe Verve – Bittwesweet Symphony vs. The Rolling Stones – TheLast TimeThe Verve asked for permission to sample The Andrew OldhamOrchestra recording of The Rolling Stones song "The Last Time." The Andrew Oldham Orchestra was a side project of AndrewLoog Oldham, who was the original manager and producer ofThe Rolling Stones. It was basically orchestra "elevator musicversion" of The Rolling Stones songs. Here is the song The Verveasked to sample…
Case Study 3 Cont. Verve Vs Rolling StonesAlthough, The Verve had obtained a license to use thesample and agreed on a 50/50 split, lawyers and managersof The Rolling Stones agued successfully that The Vervehad used "too much" of the sample and asked for 100%songwriting credit and royalties or remove the song fromrecord store shelves. Which left The Verve no choice butto agree with the judgement.
Case Study 3 Cont. Verve Vs Rolling Stones• "We were told it was going to be a 50/50 split, and then they saw how well the record was doing," says band member Simon Jones, "They rung up and said, We want 100 percent or take it out of the shops, you dont have much choice.• Even though Ashcroft wrote the lyrics to "Bittersweet Symphony" he had to relinquish all songwriting credits to Jagger/Richards.When playing it live Ashcroft has dedicated it to Jagger and Richards and claims he is happy to pay some of their bills!
ListenThe Verve – Bittwesweet Symphony vs. TheRolling Stones – The Last Time