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Almost none of this is true.famously De La Soul were so heavily sued by absolutely everybody sampled on "3 Feet High, and Rising" that the record - which was a colossal global hit - lost a fortune, and bankrupted them.
Whilst I'm sure that personal growth, and wanting to change things up, were contributing factors, you only have to listen to a second of De La Soul's follow up album, the appropriately titled "De Is Soul Is Dead" , or any of their subsequent albums to hear the effects of that legislation in radically altering the identity of the group - and that affect is apparent from that point forward in Hip-Hop, and Dance Music.
Totally agree.
Someone here on TB likened it to collage art, where artists take parts of images and/or textures and put them together to make unique pieces of art. Some of it's treasure, and some of it's garbage, just like pretty much anything else.
Sugarhill records was doing that in the 80s, if not the 70s. Grand Master Flash was frustrated with them that they wouldn't let him DJ live in studio until The Adventures of Grandmaster Flash on the Wheels of Steel came out. Before that, all the samples on the Furious Five's records were rerecorded.It led to the rise of "interpolation" -- instead of sampling a track, you sample performers you hired to record a version of that track
Almost none of this is true.
De La Soul was sued by The Turtles and settled out of court for a little less than $2M. They weren't bankrupted because "3 Feet" was doing very well.
The clearance contracts for their first four albums only applied to recordings on physical media (you could buy a CD of "3 Feet High & Rising" without difficulty well into the 21st century), so they couldn't put their music online without re-negotiating the sample clearance contracts. Around the time this was happening they got into a dispute with their record label over royalties and ownership which stalled the clearance process. Eventually they were able to get something like 98-99% of the samples cleared for online sales and streaming. And also gained control of their back catalog. Double-victory.
"3 Feet High & Rising" was a massive breakout success, their later albums weren't as successful but still better than most musicians could wish for -- each of their '90s albums charted in the top-10 on the Billboards hip-hop charts and went gold. They did pretty well.
What really changed how sampling and sampling clearance works is the lawsuit against Biz Markie. That was decided in 1991. It led to the rise of "interpolation" -- instead of sampling a track, you sample performers you hired to record a version of that track, so that you only have to pay publishing rights rather than publishing and performing rights. So when a producer is coming up with a new beat they might use samples but once it's dialed in they hire people to perform the sampled tracks, and the samples of those replace the scratch tracks in the finished version.
Sugarhill records was doing that in the 80s, if not the 70s. Grand Master Flash was frustrated with them that they wouldn't let him DJ live in studio until The Adventures of Grandmaster Flash on the Wheels of Steel came out. Before that, all the samples on the Furious Five's records were rerecorded.
My daughter flew in for a visit, and while I was preparing dinner, she put Combat Rock by The Clash on the turntable. I haven't listened to this album in probably thirty years. At any rate, as the opening bars of Straight To Hell played...
I immediately started singing...
Oh, and of course Shabba Ranks' "Dem Bow" which was sampled in so many songs it practically became a generic term for the reggaeton drum rhythm.
Rodgers and Edwards did, but only after threatening Sugar Hill Records with legal action. I wonder how many of the other acts that Sugar Hill used as grist for their mill came after them.Good Times / Rappers Delight
StingRay / P-bass and a stiffer groove
Don't know if Chic got any remuneration, but they turned it into an anecdote that helped secure their continued appeal, and legacy.
Let Nile Rodgers explain:Good Times / Rappers Delight
StingRay / P-bass and a stiffer groove
Don't know if Chic got any remuneration, but they turned it into an anecdote that helped secure their continued appeal, and legacy.
From Merriam-Webster:With regards to "interpolation" : did the Gilbert O'Sullivan vs Biz Markie case explicitly use the term?
I've only come across it in this context in the last five years, or so, and it simply does not mean what everyone using it assumes it means.
I get the impression that somewhere along the line, somebody meant "interpretation" whilst trying to blind someone else with legalese.
My guess is this is why a lot of pre-Biz Markie lawsuit recordings were able to continue selling through the 90s -- every record company with hip-hop artists realizing that they had popular records with uncleared samples and an all-out war over it would leave nobody standing except the lawyers, so it was better to pretend anything before that date didn't happen, as long as clearances were gotten retroactively for the music that continued selling and anything that couldn't get licensed was edited out of reissues.EW didn't want to sue him because their albums are full of uncleared movie samples and they didn't want to open up that can of worms.
Why would it? That's not what the lawsuit was about.With regards to "interpolation" : did the Gilbert O'Sullivan vs Biz Markie case explicitly use the term?
As an aside, this has also lead to things like Coldcut bootlegging themselves. They can't afford to reissue most of their '80s material on their above-board record company (Ninja Tune) -- the ones that aren't locked up by the record companies they had been signed to at the time are wall-to-wall full of samples from hundreds of sources. But you can buy a white-label disk compiling singles and outtakes, most of them with a casually modified version of their original logo. So there's a kinda-amusing situation because Discogs will not permit sales of it because of their policies against bootlegs, even though it's self-released by the artist....so it was better to pretend anything before that date didn't happen, as long as clearances were gotten retroactively for the music that continued selling and anything that couldn't get licensed was edited out of reissues.
Yep. In the U.S. performers don't receive any royalties from FM/AM radio play - only the writers and publishers do. The musician's union in the U.S. has been fighting this for decades.Why would it? That's not what the lawsuit was about.
"Interpolate" is a more genteel term than "copy" or "mimic", I don't think there's anything more to it than that. Maybe it's a little less legally triggering, but in the end they mean the same thing.
It's not just for sampling any more. A lot of the oldies music played over the speakers in big-box stores and chain restaurants these days are interpolated performances. For background music it's cheaper to hire people to exactly mimic a hit single than to pay the fees for the original recording. Which says as much about how little musicians are paid these days as it does about how much record companies are demanding.
Heck, even Taylor Swift realized there was more money to be made in interpolations of the albums she wasn't making money on than to try to buy the rights back. Although in this case the owner of the original recordings eventually realized the diluted value of what they were holding and got talked down to a much lower price, so Swift now controls her back catalog including her covers of herself.
If there's anything to learn from this, it's that the songwriting credit is a whole lot more important than the performance credit.