Replaying Rather Than Sampling

Discussion in 'Audio Producers Discussions' started by Styles Escobar, Aug 31, 2005.

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  1. Styles Escobar

    Styles Escobar Ima Hustla Homie.......

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    When you replay a sample, what legal obligations do you have to whoever created the original? Do you still have to "clear the sample"? Or do you simply have to give credit to the original?
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  2. Premize Prod

    Premize Prod aka reggie kush

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    recreating a sample and sampling has the same exact legalities.
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  3. Odysseus

    Odysseus a marvelous muthafucka

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    ^ True... your best bet is just learning the chords in the sample and switching it up.
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  4. Mr. sickVisionz

    Mr. sickVisionz The Gentleman's Producer

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    They aren't exactly the same. If you just used the sample from a record, you have to pay the owner of the master that you sampled (SR Copyright) and the owner of the underlying music (ie composers, writers, etc) (PA Copyright).

    If you replay a sample, you didn't use the original master so you don't need to clear it with that party. But you still have to clear it with the writers and creators of the music.
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  5. Styles Escobar

    Styles Escobar Ima Hustla Homie.......

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    Does it matter that the sample i'm replaying is 16 beats short?
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  6. kid848

    kid848 Ya Boi Honesty

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    na... you're replaying notes... which is all that matters. When you copyright an instrumental, you aren't copyrighting the tempo, you're copyrighting the notes.
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  7. CaptainTapp

    CaptainTapp New Member

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    If its recognizable it definitely matters. If someone can hear it and say, hey, I've heard that before, and you didn't clear it, you're in shit.
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  8. Mellow Madness

    Mellow Madness aKa sTaTiK

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    It Doesn't Matter If Ur Playing A 2 Bar Loop.. Ur Ass Can Get Sued..
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  9. veral conflict

    veral conflict beatsrus

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    i wouldnt trip unless its a pretty big release for some shit..
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  10. Styles Escobar

    Styles Escobar Ima Hustla Homie.......

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    I'm feelin what all of you are sayin. But here's my dilemma. I was searchin through some wave files of mine and i found a short wave I liked. Like I said before, it's no longer than 16 beats. And I'm assuming that the loop itself was sampled from somewhere, but I have absolutely no idea where. What would you do in my situation? Keep in mind that this isn't going to be a wide release.
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  11. HYPNOTIK

    HYPNOTIK Fully Loaded

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    how old do u think it is? and what kind of music? i wouldnt worry aobut it.. if u cant recgonize what the sample is off bat then u shouldnt worry..
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  12. Styles Escobar

    Styles Escobar Ima Hustla Homie.......

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    not sure about how old it is but i'm assuming it's classical music. it's just a short clip of just strings.
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  13. Styles Escobar

    Styles Escobar Ima Hustla Homie.......

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    curious if anyone knows about this. i was reading in scratch about that beat jadakiss used called shootouts. produced by some cat named elite i think. the short article talked about how he couldn't get the sample cleared so he went ahead and replayed the whole thing. doesn't it seem to anyone that this would imply that the legality between using an actual sample and replaying a sample are different?
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  14. I.N.F.O.theking

    I.N.F.O.theking haha 80s modanna

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    i dunno...the guy that replays kanyes beats makes em sound almost identicle to the sample...so i dunno...
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  15. DjayCasper

    DjayCasper Eh Fuck It.

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    if ur re-doing the melody to smooth criminal

    yea..dont




    but as far as i know


    replaying a melody means your only paying the people who OWN the song
    ..the record labels/publishing corp. usually

    if u straight up sampled it
    youd have to pay them^^
    plus the artist who originally played the music aswell.


    hope that helps.
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  16. the exposer

    the exposer The Music Luvas

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    the guys name is Ken Lewis..

    and replaying the sample means you only have 2 pay the mechanical royalties not the artist
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  17. Ejuhcaited

    Ejuhcaited ▀▄▀▄▀▄▀▄

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    the guy who replays samples 4 kayne and jus blaze dont always do it cause the sample cant get cleared, but say theres a part that jus blaze wants 2 sampel but theres vocals ontop...ken will replay that, so both the sample and his replayed are used...that usher and jadakiss joint jus blaze did is an example...



    For sampling, doesnt the EXEC PRODUCER of the album (not u as a producer of that song) have 2 pay clearance fee 2 whoever owns the masters of that song u sampled ? and 4 mechanical royalties, arent the original writers/producers of the track u sampled gettin payed on money that u would be gettin payed, so really ur not *payin* them?
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  18. the exposer

    the exposer The Music Luvas

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    yes im on a mission right now trying 2 find this damn diana ross records i sampled.. for tego calderon album and i dont pay for the clearences the record company and artist deal with it.. but one song im currently replaying over the sample off a jimmy cliff record.. so i dont have 2 give up the publishin on that track. its a big record wit snoop and don omar.. called "chillin"

    but right now im huntin for this fukn record i used 2 and a half years ago.. not 2 fun.. always if you sample get a notebook right in the comment section from the track cuz this is a nightmare if it wasnt for salaam remi ears i would haveebeen stuck on this las record...

    and samplin rules...
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  19. MagicDonJuan

    MagicDonJuan Active Member

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    ^you did Tego's album, what song?
    Guasa Guasa is great.
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  20. the exposer

    the exposer The Music Luvas

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    not his old album we on his new album... got 5 tracks completed another one half way done...

    this new album is joint venture off atlantic/giagidi records.. will be out in nov.

    i think maestro did that song if im not mistaken,,
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