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How Daft Punk Created One of Their Most Famous Samples

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Re: How Daft Punk Created One of Their Most Famous Samples

#12
post #6

On a side note: How does the whole legal process work? I mean, the original tracks, or at least parts of it, are taken from a song and re-sampled to create something new. So far so good. But is everybody allowed to do it or do you have to ask the original creator for permission, especially if you want to use the new sample in/as commercial products?

You need to get permission from the copyright holder, which has gotten substantially more expensive over the years. Hip hop tracks back in the 80s and early 90s used to contain loads of different samples all mashed together, but it slowed down a bit after people started suing. Nowadays sampling isn't quite as popular, and sampled tracks don't usually use more than one or two samples.

The rapper Fabolous had a hit song "Breathe" several years ago that contained a sample from a Supertramp song. The track leaked and became HUGE before they cleared the sample, so when it came time to negotiate Supertramp had all the leverage. Supposedly they got $100,000 plus almost all royalties, so Fabolous didn't make any money off the single. (Though of course he made tons on album sales).

EDIT: Just because you're supposed to clear samples doesn't mean people always do. If a sample is obscure enough or sufficiently altered, artists may try to get away with it hoping that no one will notice -- apparently that's the case with Daft Punk. I think Timbaland has gotten into trouble sampling foreign artists without permission ("Big Pimpin'", maybe), and the source of the sample in Nas's "Nas is Like" went unknown for around a decade. See http://www.whosampled.com/sample/4061/Nas-Nas-Is-Like-John-V...

Re: How Daft Punk Created One of Their Most Famous Samples

#15
post #6

On a side note: How does the whole legal process work? I mean, the original tracks, or at least parts of it, are taken from a song and re-sampled to create something new. So far so good. But is everybody allowed to do it or do you have to ask the original creator for permission, especially if you want to use the new sample in/as commercial products?

This (dated) Slate article makes a pretty convincing case that when a proper fair use case finally gets to court, most sampling will likely be deemed fair use:

http://www.slate.com/articles/news_and_politics/jurisprudenc...

Artists like Girl Talk are getting bolder and more blatant in their uncleared sampling. It might have something to do with his giving away his recent albums, though.

Edit: Here's a couple other Slate articles that go into more detail -

http://www.slate.com/articles/business/moneybox/2012/05/adam...

http://www.slate.com/blogs/moneybox/2012/05/08/paul_boutique...

Re: How Daft Punk Created One of Their Most Famous Samples

#16
post #6

On a side note: How does the whole legal process work? I mean, the original tracks, or at least parts of it, are taken from a song and re-sampled to create something new. So far so good. But is everybody allowed to do it or do you have to ask the original creator for permission, especially if you want to use the new sample in/as commercial products?

You need to get permission from the copyright holder, which has gotten substantially more expensive over the years. Hip hop tracks back in the 80s and early 90s used to contain loads of different samples all mashed together, but it slowed down a bit after people started suing. Nowadays sampling isn't quite as popular, and sampled tracks don't usually use more than one or two samples. The rapper Fabolous had a hit son…

For non-commercial use, can an artist sample without legal threat?

For example, if an artist is just posting 80s style tracks with dozens of uncleared samples on their website free for their fans to download, doesn't fair use allow for it?

Re: How Daft Punk Created One of Their Most Famous Samples

#17

Earlier quoted context omitted.

You need to get permission from the copyright holder, which has gotten substantially more expensive over the years. Hip hop tracks back in the 80s and early 90s used to contain loads of different samples all mashed together, but it slowed down a bit after people started suing. Nowadays sampling isn't quite as popular, and sampled tracks don't usually use more than one or two samples. The rapper Fabolous had a hit son…

For non-commercial use, can an artist sample without legal threat? For example, if an artist is just posting 80s style tracks with dozens of uncleared samples on their website free for their fans to download, doesn't fair use allow for it?

I believe so, but not 100% sure. There are a lot of artists nowadays releasing sample-heavy music for free, and then making their money by touring and playing it live.

Re: How Daft Punk Created One of Their Most Famous Samples

#18

Earlier quoted context omitted.

You need to get permission from the copyright holder, which has gotten substantially more expensive over the years. Hip hop tracks back in the 80s and early 90s used to contain loads of different samples all mashed together, but it slowed down a bit after people started suing. Nowadays sampling isn't quite as popular, and sampled tracks don't usually use more than one or two samples. The rapper Fabolous had a hit son…

For non-commercial use, can an artist sample without legal threat? For example, if an artist is just posting 80s style tracks with dozens of uncleared samples on their website free for their fans to download, doesn't fair use allow for it?

In practice, people do whatever they want and then just apologise later if they get in trouble.

Eg: https://www.facebook.com/photo.php?fbid=10151547332313143&se...

which is apologising for: http://www.youtube.com/watch?v=BnigNbYVQJE

(This was a massive tune last summer, getting loads of radio airplay and all over the clubs. Hence the apology. Really, by these standards he should apologise to Mr Fingers as well: http://www.youtube.com/watch?v=Xmz3SVuHPhs)

See also: http://www.soundonsound.com/sos/aug11/articles/classic-track...

Re: How Daft Punk Created One of Their Most Famous Samples

#19
Nitpicking, but that comment in the closing paragraph is jarring: "Anyone can put a urinal on the wall and call it art". It's clearly a reference to Marcel Duchamp's Fountain - a key work in the argument of what is and isn't art. However, that urinal, and its reproductions, were pointedly never mounted on a wall, but flat on a pedestal where it couldn't be used. It's like the author had heard the phrase but didn't know what it was about?

http://en.wikipedia.org/wiki/Fountain_(Duchamp)

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