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Old 15th May 2019
  #73
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Quote:
Originally Posted by Will The Weirdo View Post
Sampling is absolutely a creative endeavor, it's a skill for sure that takes time and dedication to master like playing an instrument...... unfortunately if it uses the copyrighted pre-recorded compositions of others, by law you have to compensate those that provided the material for you to create yours.

We learned a long time ago to hire out musicians and have them replay old sample parts or in the style of the old samples, then chop that up in original ways to avoid SR & PA clearance. We can still be creative in sampling without having to use other peoples copyrighted work to get there.
You touched on this fairly directly but I wanted to expand on a point. Copyright law is not something that was created for business negotiation, it is a law to protect work. For example, you may be less likely to get sued if you are just releasing your work to your local region but that is certainly not why the law exists, it exists to protect the owner and the owner can take the same actions as if you were a bigger artist, or be sympathetic to your situation. I think may think the cost of clearance is, or should be, proportional to what you sell but that is just not the case.

I also agree that replaying samples is the best way to go. I feel the SR recording is typically too expensive, and it is typically not owned by someone who created anything, they just financed the recording. If the person who owns the PA copyright owns the SR copyright, then you have a different situation, nobody is making you use the master.

However, as I have moved away from sampling, I also learned what I really enjoy about what I hear and how it sounds. I often just sample my own work completely and then I am far away from any conflicts with a PA copyright and worried about it sounding to similar.

That said, I made the first point because some people are acting like it's just not fair. To me, it sounds the same as the people who ask me for beats, or ask my engineer for free mixing or mastering, because they got some talent or something.