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Old 2nd May 2019
  #42
Lives for gear
Quote:
Originally Posted by Woodkerns View Post
Haha in what world do you think Madlib taking a sustained string note, making it a keygroup, and playing it out, etc. is taking money away from the original artist?
That's NOT what I was talking about. Please don't obfuscate what I'm saying.

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Where is the market crossover between him and some 30 year old choiral album or obscure bossa track?
You are confusing copyright law and trademark law. Market crossover is not a consideration. And by definition, they are both sound recordings and compositions so they are in the same exact market space. So by your own argument the law defines them as occupying the same market space (or "market crossover" using your words).

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This argument never holds much water.
Yes, it does. Every day. This is why labels that don't want to get sued clear samples. If they don't they will have to settle (usually for more money). If they don't settle, they get sued (for even more money, plus legal costs). If it's a sample and a jury can identify it, you WILL lose unless it falls under fair use (ie. Drake's recent suit).

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The only real argument for people opposed to sampling is if you don’t want anything you made associated with the particular message or music(a la Tracy Chapman). In that case it’s totally fair to be against it(and to be fair, who would want to be associated with the garbage nicki minaj puts out). Otherwise you’re just condemning an entire musical genre with a 30+ year history.
The other side of this is that hip-hop, being a genre predominantly created by inner city kids and minority groups, comes out of a very diy mentality, and many of these guys had no access to music programs, instruments, studios, etc, so they did what they could with what they had(their dad’s records), and created a brilliant new art form in the process. An album like 3 feet high and rising, just for example, is a sonic masterpiece of innate talent that can’t be denied.
You make it sound like I'm against sampling. I don't know where in the world you got that idea from as I'm not. I'm just in favor of getting permission (which is almost never withheld) and compensating the party you sampled by giving them a share equal to what that sample contributed to your work. Which happens to be the position taken by virtually every musician, attorney, record label, etc. in the country. The only people against that are a small handful of people, largely underground and unprofitable, who largely seem to reside on GS.