Introduction

Hello and welcome to RaggStar! This free resource is for creatives who are committed to growing themselves as artists and entrepreneurs. We created this resource because we wish someone sat us down and shared this information with us when we first started our music careers. Being an independent artist can be equated to being a small business owner who is starting their venture. There is no help, no capital backing, and no formal education that ever outlines the steps and processes that it takes for artists to succeed in the modern world. Our belief is that education can bridge the gap between the conglomerate of major labels that make up the music industry and the everyday aspiring artists who dream of a vision bigger than themselves. The mission here is to give you a knowledge base and step-by-step guides for building a successful music career in the 21st century. In a world where everyone is in it for themselves, we want to be the one resource that invests everything we have to offer back into you - The Artist.

Understanding Sampling

Sampling has been a cornerstone of modern music, particularly in hip-hop and R&B. By repurposing snippets of existing recordings, artists create new sounds that pay homage to musical history while pushing creative boundaries. However, the legal complexities surrounding sampling require careful navigation to avoid costly pitfalls.

Sampling involves taking a portion of a sound recording and reusing it in a different song or piece of music. This can include anything from a drum break to a vocal phrase. Famous examples include the use of Chic’s “Good Times” in Sugarhill Gang’s “Rapper’s Delight” and the multiple James Brown samples in countless hip-hop tracks.

Legal Aspects of Sampling

Navigating the legal landscape of sampling is crucial. Copyright laws protect original recordings, and using samples without permission can lead to lawsuits. To legally use a sample, artists need two types of licenses:

• Master Use License: Obtained from the owner of the recording (usually a record label).
• Composition License: Obtained from the owner of the song’s composition (usually the songwriter or publisher).

Failure to clear samples can result in significant legal and financial repercussions. For example, the Beastie Boys were sued for $2.5 million over uncleared samples on their album “Paul’s Boutique”.

Clearing Rights for Minor Artists

Steps to Clear Samples

1. Identifying the Rights Holders:
   • Determine who owns the master recording and the underlying composition. This information can often be found through performing rights organizations (PROs) like ASCAP, BMI, or SESAC.
   • Websites like Discogs or WhoSampled can also provide insights into who holds the rights.
2. Contacting the Rights Holders:
   • Reach out to the rights holders with a clear and professional request. Include details about how you intend to use the sample, the duration, and the context within your new work.
   • For minor artists, it might be helpful to use intermediaries like sample clearance agencies or music lawyers who specialize in this area. Agencies like Tracklib can also simplify this process.
3. Negotiating the Terms:
   • Be prepared to negotiate the terms of use, including the upfront fees and the percentage of royalties. The cost can vary significantly based on the sample’s prominence and the rights holder’s policies.
   • Ensure that all agreements are documented in writing to avoid future disputes.

Resources for Independent Artists

• Sample Clearance Agencies: Agencies like Tracklib, DMG Clearances, and Sample Clearance Services can help navigate the complexities of sample clearance.
• Legal Assistance: Music lawyers can provide valuable assistance in negotiating and drafting agreements.
• Online Platforms: Websites like WhoSampled and Discogs can help identify samples and rights holders.

Impact on Revenue Splits and Royalties

When a sample is cleared, the original rights holders typically receive a portion of the royalties generated by the new song. This can affect the revenue splits for the minor artist as follows:

• Upfront Fees: Artists may need to pay a one-time fee to use the sample.
• Royalty Splits: A percentage of the royalties from the new track will go to the original rights holders. This can range from 10% to 50% or more, depending on the negotiation.
• Publishing Rights: The original songwriter may also receive a portion of the publishing rights, reducing the share for the new artist.

For example, if an artist samples a popular song and negotiates a 20% royalty split, 20% of the revenue from the new track will go to the original rights holders, while the remaining 80% is split among the new artist and their collaborators.

Creative Use of Samples

Creatively, sampling can add depth and texture to music. Artists should look for unique samples and strive to use them in a transformative way. Transformative use, which adds new expression or meaning, can sometimes offer legal defenses, though it’s not a guarantee. Pioneers like Kanye West, who revitalized soul samples, and J Dilla, known for his innovative use of obscure records, illustrate the power of creative sampling.

Tools and Resources for Sampling

Modern technology offers a plethora of tools for sampling:

• Software: FL Studio, Ableton Live, and Logic Pro X
• Hardware: Akai MPC, Roland SP-404
• Online Resources: Splice, Tracklib, and WhoSampled

These tools and resources provide access to high-quality samples and the means to manipulate them creatively.

Case Studies

Case Study 1: Kanye West’s Use of Soul Samples Kanye West is renowned for his use of soul samples, transforming tracks like Chaka Khan’s “Through the Fire” into his hit “Through the Wire”. His meticulous approach to sampling involves pitching, chopping, and layering samples to create new sonic landscapes.

Case Study 2: The Avalanches’ Plunderphonics Approach The Avalanches’ album “Since I Left You” is a masterclass in plunderphonics, using over 3,500 samples to create a seamless musical journey. This approach highlights the creative potential of extensive sampling, though it also underscores the legal complexities involved.

Case Study 3: De La Soul’s Challenges with Clearing Samples De La Soul’s classic album “3 Feet High and Rising” faced significant legal challenges due to uncleared samples. The legal battles have hindered the album’s availability on streaming platforms, illustrating the importance of obtaining proper clearances.

TLDR

Balancing creativity and legality is key in sampling. By understanding the legal requirements and pushing creative boundaries, artists can innovate while respecting intellectual property rights. As you experiment with samples, use the tools and resources available to enhance your music and ensure you stay on the right side of the law.