Earlier quoted context omitted.
> Small nitpick- I'd say one of the hallmarks of electronic music was that it wasn't built from copyrightable samples. It was trackers and analog-then-digital synths and all sorts of microtonal weirdness which had never been heard before. Depends on the genre to some extent but it's worth noting that Amiga trackers could double as samplers and even the Atari ST could trigger hardware samplers. A lot of electronic pro…
Right, yeah, that's why I said _copyrightable_ samples.. e.g. sampling a sound from just about anywhere and slotting it into a tracker or drum machine is probably fine. I do agree the waters get muddy once it's multiple seconds long.. IANAL but there's the famous vanilla ice lawsuit, and I think there was some fair use wiggle room if it's under some amount of time (forgot the exact limit), it is fine to use. Good poi…
I was talking about copyrighted samples. eg
Fatboy Slim - Rockafella Skank: https://www.youtube.com/watch?v=qLjgXPDzeZo
Daft Punk: https://www.youtube.com/watch?v=7MhmnKUOxB4
Prodigy: https://www.youtube.com/watch?v=kIMQtMSnpBA
...and these are just 3 headline artists. Sampling was common place in the underground scene too. eg The Amen break is a percussion loop that basically invented Jungle and early Drum and Bass, and that was a copyrighted loop too: https://www.youtube.com/watch?v=FFKMtv8tU0U
> I do agree the waters get muddy once it's multiple seconds long.. IANAL but there's the famous vanilla ice lawsuit, and I think there was some fair use wiggle room if it's under some amount of time (forgot the exact limit), it is fine to use.
Fair use doesn't cover sampling. Artists need to clear any samples used. If a sample is used creatively enough then there is a chance it might sound different enough that it goes unnoticed with anyone accosiated with the original artists estate. But that's a calculated risk the sampling artist chooses to take rather than their automatic right under copyright law.
> Good point about the DJ mixtape thing. I am guessing a lot of composers/producers got the raw end of that deal, but you are right, it helped a lot for promotion and growing the scene
Producers (nobody calls those kinds of artists "composers") didn't get the raw end because it wouldn't have affected their sales; if anything, it helped promote them). Bare in mind that mixed records on a cassette mix tape cannot be used for anything other than home listening (DJs didn't work of cassette players) and dance tracks didn't typically make for good home listening because they'd have long intro and outro sequences purposely designed for beat mixing. So mix tapes served an important role.
The only caveat some artists would have placed was any unreleased promos stayed off mix tapes (unless specified otherwise) because those promos were often secret weapons for headliner DJs.