Lawyer Explains Sampling, Interpolations, Cover Songs, & Remixes

Comments · 71

• TO

  @TopMusicAttorney · 2 years ago (edited) · pinned

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• IA

  @iambruceleroi · 2 years ago

  THANK GOD I FOUND UR CHANNEL 🙏

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• MU

  @musiqtee · 2 years ago

  It could be meaningful to remember that sampling is a technology that skewed existing law 40 years ago. Before that, even if you borrowed Paul McCartney’s Höfner bass (the actual instrument), you’d need to play it yourself. <br><br>EMI or Apple Corp couldn’t “own” the sound you recorded - however, they did “own” the song copyright if you played the notes from ‘Lady Madonna’… <br><br>Enter sampling, and whole genres are built on something i.e. McCartney played into a four track tape machine back in 1968. So yes, those corporations didn’t want to just give that away for free. Corporations generally don’t, so they had a good talk to lawmakers. Artists or musicians in general seldom sit around those tables, right…?<br><br>Let’s digress…: &nbsp;One thing is that the complexity of law needs to be interpreted by lawyers and settled in courts. Another thing is “who is in the room” when legislation takes place? Just like writing a song, who pitched in to make it what it became? <br><br>Well, this is why the boring topic of “politics” is so remote to most of us - even though we experience the outcomes as soon as we release our music. <br><br>What if music-makers were “present in the room” alongside the huge corporations whenever relevant law is shaped? Well, I wonder…😅

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• MA

  @massovme · 2 years ago

  Thank you!

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• AN

  @anthonymaggs · 2 years ago

  love this content, keep up the great work

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• CO

  @codyreed9483 · 9 months ago

  The composer Igor Stravinsky provides a crucial real-world example of professional adaptation, mirroring the creative integrity required to navigate historical influence. In 1920, Stravinsky accepted a commission to compose the ballet Pulcinella, utilizing pre-existing musical scores then attributed to the Baroque master Giovanni Battista Pergolesi. Stravinsky was faced with the professional challenge of engaging with a revered legacy without merely becoming an arranger. His approach was not one of simple arrangement, but of radical transformation. He preserved the basic melodic contours and bass lines of the 18th-century compositions—the essential DNA—but fundamentally altered the works&apos; context, harmony, and rhythm. Stravinsky injected modern dissonance, fragmented the polite Baroque phrasing, and utilized acerbic, contemporary orchestration characteristic of his 20th-century style. The resulting score was a witty, satirical, and profoundly new musical statement. Stravinsky acknowledged the distinction, stating that his method had to be guided by love, not mere respect, for the source material, asserting that respect alone remains barren. This work successfully established the Neoclassical movement in music, demonstrating that true mastery involves taking foundational elements from the past and subjecting them to such significant, unique transformation that the outcome is an undeniable, original contribution to the artistic future.

• TH

  @ThousandairesClub · 2 years ago

  <b>I completely understand Kanye&apos;s method. I&apos;m not waiting 5 years for you to answer my calls and clear the sample, come sue me when ur ready </b>😂<b> Also, can you do a video about using copyrighted music in movies and video games??? I&apos;m working on a project with a few copyrighted songs, just curious about the process overall and how much it might cost with and without permission, Thanks Top</b> ✌

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• R1

  @R1PPA-C · 2 years ago (edited)

  I remixed another artists vocals into a completely different genre... Contacted the artist with the demo, who then put me onto the label, who then signed the work and released it with a 50/50 split.<br><br>This is one time you get lucky with a reply and clearance.<br><br>I&apos;ve done the same previously with what I would call a much more polished track and even though I received a glowing reply from the vocalist who is huuuuge...all contact was abruptly stopped.<br><br>The copyright owners put a stop on anything going further which is a huge shame for them for me and for the vocalist.<br><br>Everyone involved thought the track was going to blow up, but this is the struggle, labels and copyright owners can be weird.<br><br>If anyone&apos;s out there wondering about remixing / getting clearance ...you just gotta keep trying, never give up and never stop creating.<br><br>Create contacts by the natural method of just simply talking and creating a friendly relationship before a professional one.

• SA

  @saschafedermann8677 · 2 years ago

  Hi. There has been a legal dispute between the band &quot;Kraftwerk&quot; and the character Pelham for 20 years now. The latter sampled the rhythm from the Kraftwerk song &quot;Metall auf Metall&quot; from 1977. The highest court in Germany (BGH) has once again suspended the proceedings because the term &quot;pastiche&quot; exists and it is unclear what this means under EU law: &quot;The reproduction, distribution and public communication of a published work for the purpose of caricature, parody and pastiche is permitted.&quot; Pelham had a great success in Germany with the song &quot;Nur mir&quot; with around 2 seconds of sample (!). Most recently, the Higher Regional Court (OLG) in Hamburg ruled in favor of the plaintiffs, among other things to the effect that they can claim damages for a period of around 18.5 years. For the period after June 7, 2021 - when the transposition of EU legislation into German law came into force - the court dismissed the claim. It assumed that the reproduction of the sound sequence from &quot;Metall auf Metall&quot; and its transformation into an independent new work by means of sampling was now permissible as a pastiche. In other words, there is no deadline for the ECJ to rule on the matter. Only when the answers are available will the BGH continue its proceedings. If you now also mention that the plaintiff and last Kraftwerk member is already 77 years old ... it seems like sitting it out. <br> <br>Another problem is the licenses of the owners themselves or response times: My &quot;most recent&quot; example involved a sampling passage (the bridge) of a song by the band Three days grace. It was to be used in an original song as part of the intro (audible in the car radio of the approaching car). The actual song was very different. Catch: There was never an answer (request more than 2 years ago). That&apos;s frustrating, of course, and Mr. West will have similar experiences, right? Asking for permission or providing license costs is easy - but then please respond. <br> <br>Thank you for your videos on YouTube and best regards from Germany.

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• MA

  @majorstokem8839 · 2 years ago

  The point of sampling back in the day was to let the audience know it was a sample by making it an obvious and prominent part of the song, and how your use of the sample, made your version of the song cooler. Example &nbsp;&quot;Hand on the Pump&quot; by Cypress Hill samples the song &quot;Duke of Earl&quot;, but nowadays, the lack of musical prowess for beatmakers, they are trying to conceal samples and pass it along as creative IP. &nbsp;The newest most obvious use of a sample in a hit song, is the sample of Junior Senior by Nikki Minaj.

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  @hernameispiperconnolly · 2 years ago

  Great explainer video- thank you! 🖤💜

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• PA

  @paristheprince · 2 years ago

  This was amazing king. One of my fav artists fs 💙