Copyright Question

[ManDAmyth]

I've been reading a lot about producers having players come in to re-create a sample to avoid having to pay to clear samples.

Does anybody have any insight of how this works?

Cause if I understand it if I find a dope sample that I want to use but don't want to run the risk of being hit with enormous fees to clear it, I could hire some local musicians to basically re-create it (sounding the exact same) and be exempt from having to clear the sample?

 

[Honesty]

Interpolations must be cleared. Dre has been sued (Kill Me off Em's 2nd album comes to mind) for in terpolating (replaying instruments) basslines.

When you copyright a piece of music, you're essentially copyrighting the arrangments of the notes, because that's what music is, an arrangement of notes in time.

The advantage of having someone replay the sample is easier and more flexible arrangement.. but it still must be cleared.

 

[bigdmakintrax]

Interpolations must be cleared. Dre has been sued (Kill Me off Em's 2nd album comes to mind) for in terpolating (replaying instruments) basslines.

When you copyright a piece of music, you're essentially copyrighting the arrangments of the notes, because that's what music is, an arrangement of notes in time.

The advantage of having someone replay the sample is easier and more flexible arrangement.. but it still must be cleared.

Exactly

Try to check a thread or threads I am sure its been covered on iLL !
https://www.illmuzik.com/forums/showthread.php?t=1357&highlight=interpolation

 

[tommyill]

There is a difference though. If you sample you have to pay the original record label a licensing fee for the sound recording. You also have to work out a deal with the publisher of the composition. If you interpolate, you only have to deal with the publisher.

 

[KurtisRich]

Damn so many shit you gotta go through

 

[Reyne]

you spot on tommyill. if you gunna play the sample with live instruments you have to liscence the compositional copyright. advantage being its usually held by a publisher or the original artist and u dont have to deal with a label. disadvantage its sometimes hard to find these artists or publishers. depending on the usage clearing samples isnt THAT expensive (wish it was cheaper but your paying for someones hard work) then again if youve never tryed playing your samples live its definatly worth trying. in my opinion it doesnt sound as good. when you sample your capturing the mood/feeling/vibe of the artist who originally played it also things such as recording techniques and the technology used to record. all of this adds to the timbre/sound of a sample and it would be near impossible to recapture live. the other advantage of samples is that they have such punch also difficult to recapture. but like i said you should definatly give it a go, youll learn a hell of a lot by doing it.