Journal Update #5 FEB - ICE TEA and the Sampling Dilemma
One of the main ethical issues I am facing with my project is the extensive use of samples. Sampling has always and will always be a part of my musical process I am a Hip-Hop head and I just love the art. This post will explain my stance on the ethics and the issue, how I intend to combat it and in cases not combat it and ignore the rules. The history of Hip-Hop is rich with examples of high profile sampling lawsuits and sampling troll companies that have negatively effected and sometimes ruined artist's careers, definitely stopping them from gaining any royalties on their releases. As a disciple of Madlib, crowned Complex’s producer of the year 2019 (Skelton & Simpson, 2020), and J Dilla, who both heavily utilised samples in their productions and are integral to their styles it will be hard for me to stay away from this element of my own productions. Madlib has, “after decades of perfecting his sample-based production techniques, worked with everyone from MF Doom to De La Soul to Mos Def to Kanye West.” (Skelton & Simpson, 2020).
Sometimes sampling is viewed as ethically and morally wrong or immoral. On the other hand sampling can be viewed as the highest form of artistic ‘flattery’ and a strong case can be made that supports the fact that sampling in one form or another has existed for centuries. For example, a Diabelli composition named Waltz in C Major was essentially remixed by Beethoven in Diabelli variations, a collected piano works released in 1824 (Read, 2017). Thats a long time ago. Today many of the opinions about copyright law are largely shaped and driven by copyright holders who commonly believe that the purpose of copyright is to protect their works from infringement. But as it’s clearly expressed in the United States Code, that’s not the central purpose of copyright. The a purpose of copyright is “to promote the progress of Science and useful Arts.” The United States Copyright Office even doubles down on this declaration in its own description of the function of the copyright office: “the purpose of the copyright system has always been to promote creativity in society…” Any serious conversation about the role of copyright, creativity, and the arts must begin with this key fact: Copyright was created to promote creativity (Said, 2016).
Mark Ronson argues in his TEDTalk How Sampling Transformed Music, it is not about “hijacking nostalgia wholesale”, but about creating new tapestries of sound. Ronson eloquently explains, “We take the things we love and we build on them. And when we really add something significant and original and we merge our musical journey with this, then we have a chance to be a part of the evolution of that music that we love.” Rather than looking at sampling as a form of disrespect, it is often the case that artists that sample have the utmost reverence for the people who created the music that came before as you’re not going to sample music from a song you hate. Instead it is likely that they heard something in the music which inspired them, and so “they instantly wanted to inject themselves into the narrative of that music.” (Khoo, 2019).
I have to be realistic and understand that at this point in time I am an unknown artist with a small audience, and no commercial backing. I am not looking to release The Tape with any label and therefore I do not expect to make any money off this release. The fact that sample clearance is monetarily prohibitive, and I don’t have the budget, (which I’m mainly reserving for the release itself and marketing) prohibits me from paying for samples. Hank Shocklee of Public Enemy is quoted saying “Jay-Z and Kanye can afford to pay the sample rates, but not the kids starting out in their own little home studio in their house,” Shocklee says. “And that, to me, is what’s holding back creativity,” (Richards, 2012).
Seeing as Hip-Hop and Trap are largely reliant on samples I am not going to creatively limit myself, with this project because I want it to be my best work, and as a hero of mine Stan Lee says you “do your best work when your doing what you want to do and your doing it the way you think it should be done.” (UCLA Extension, 2018). I am well aware of the legal implications of doing this and not limiting myself to royalty-free and un-copyrighted material or material in the public domain. Although I will make use of as much un-copyrighted material as I will write some of the tracks on ‘The Tape’ completely from scratch, I won't be able to do myself justice if I don’t allow myself free-reign to sample anything that works within the concept of the beat-tape. For example, Led Zeppelins breaks, which have already been heavily recycled in Hip-Hop, are not out of copyright but would be subject to the idea of De-Minimis. Many cartoons, tv shows, and films I wish to sample from will also not be out of copyright because I grew up in the late 90s and early 2000s.
(IF) any track does blow up I will sort it out with PRS and the publishing companies after the fact. There are a few things I can do to minimise the risk of any lawsuit, however, I will sample from family archives, cassette tapes, films, my own vinyl collection and attempt to, following in the footsteps of DJ Shadow, take obscure snippets and manipulate them or transform them in a way which makes them my own. On DJ Shadow’s debut album Endtroducing he sampled more obscure records, making it a sort of rule to avoid popular material; he said: "I've always pushed myself to use obscure things, and if I use something obvious, it's usually only to break my own rules.” (Keyboard, 1997). Also sampling from other Hip-Hop artists usually means you are okay and they won’t sue, so there will be a few samples (mainly vocals) from other Hip-Hop songs in The Tape.
A beat that I started working on this week is called ICE TEA which is based on a sample from an acapella by Jamaican artists Home T, Cutty Ranks and Cocoa Tea. The rest of the instrumentation is mine but there are other sampled vocal shots from other Reggae tunes in the beat. There are going to be multiple samples taken from some of my favourite Reggae artists throughout ‘The Tape’. This is one example that links to my love of Jamaican music. When I was a teenager I was heavily into Reggae and Bob Marley and became a Mod. For a long period of my youth I identified as a mod/casual it wasn't a particularly popular sub-culture it just fitted with my musical tastes at the time. I love Soul and classic Reggae and Dub, and used to go to Channel One nights at a local venue in Tooting. My mate ‘Skinhead Dean’ is a DJ and runs Good Intentions sound system, he introduced me to loads of great Reggae and Ska and I used to go to their Up their Junction night. Brighton and Carnaby Street were favourites and where I got the gear, I used to have a parka, tonic suits and all swag (I still have my tonic suit).
Skelton, E., & Simpson, P. (2020). A Conversation With Madlib, the Best Hip-Hop Producer of 2019. Retrieved 2020, from Complex website: https://www.complex.com/music/madlib-interview-best-hip-hop-producer-2019
Read, C. (2017). A History of Sampling w/ Chris Read (WhoSampled) at Point Blank London [YouTube Video]. Retrieved 2020, from https://www.youtube.com/watch?v=SZGobMX9I48
Said, A. (2016). Hip Hop & Copyright Part 2: You Can Be Sued for Samples on Free Mixtapes. Retrieved 2020, from HipHopDX website: https://hiphopdx.com/editorials/id.3197/title.hip-hop-copyright-part-2-you-can-be-sued-for-samples-on-free-mixtapes
Khoo, Y. (2019). Sampling: Is imitation really the sincerest form of flattery? Retrieved 2020, from PHASER website: https://phasermagazine.com/main/2019/11/29/sampling-is-imitation-really-the-sincerest-form-of-flattery
Richards, C. (2012). The court case that changed hip-hop — from Public Enemy to Kanye — forever. The Washington Post. Retrieved 2020, from https://www.washingtonpost.com/opinions/the-court-case-that-changed-hip-hop--from-public-enemy-to-kanye--forever/2012/07/06/gJQAVWr0RW_story.html?noredirect=on&utm_term=.6cdf1ff6573c
UCLA Extension. (2018). Stan Lee Keynote at the 2017 Graduation Ceremony [YouTube Video]. Retrieved 2020, from https://www.youtube.com/watch?v=eMo9Guj5gCc
Keyboard. (1997). WebCite Query Result. Keyboard. Retrieved 2020, from https://www.webcitation.org/6FGMHPpaB?url=http://www.solesides.com/winblad/shadowkeyboard1097.html