sampling & copyright

1. Music Industry
Sampling & Copyright
Chris Baker
www.musicstudentinfo.com

2. Sampling What is it?
• Sampling is the use of portions of pre-existing recordings
which are incorporated into a new piece of music.
• The songwriter or their music publisher usually owns
copyright of the song.
• The record company usually owns copyright of the sound
recording.
• Both must give permission for a sample to be used.

3. Sampling What is it ? Cont.
• Any piece of music containing a sample from a pre-existing
piece of music must be cleared with the original copyright
owner, no matter how small the sample.
• The original copyright owner is entitled to refuse permission
or to charge for its use.
• Details of the sampled work should be included when
registering the piece of music.

4. How can samples be registered?
Samples can be registered in TWO ways
1) By the new copyright owner - the original copyright owner
must be listed and the shares allocated.
2) By a record company applying for clearance to record music
which included a sample of pre - existing piece of music.
Once notified of the new music, the shares will be registered as
requested and all parties informed.

5. Sampling Case Study 1
Mutya Buena sampling Lenny Kravitz for “Real Girl”
“Real Girl” by Mutya Buena (formerly of Sugababes) contains
musical samples from “It Ain’t Over” Til It’s Over” by Lenny
Kravitz.

6. Case Study 1 Details
• The Publishers of “Real Girl” approached EMI Music
Publishing for clearance of the use of musical elements from
Lenny Kravitz’s composition by sending them a recording of
“Real Girl” and a description of the sample use.
• Once the terms were agreed, agreements were signed by all
of the parities, setting out the full terms and conditions of the
sample license.
• Once completed the sample was cleared and, from that point,
the new work could be released commercially.

7. Listen!
Mutya Buena sampling Lenny Kravitz for “Real
Girl”

8. Sampling Case Study 2
Dizzie Rascal Sampling “Happy Talk” for
“Dream” (2004)

9. Sampling Case Study 2 Detail
• Dizzie Rascal, on his single “Dream”, used a sample of Captain
Sensible’s version of the song “Happy Talk”.
• Captain Sensible’s track was in fact a complete cover version
of Richard Rodgers’ and Oscar Hammerstein’s “Happy Talk”,
written in 1949 for the music al South Pacific.
• Rodgers and Hammerstein own the copyright in the music
and lyrics for “Happy Talk”.

10. Sampling Case Study 2 Detail Cont.
• This means that, when Captain Sensible recorded his direct
cover version, all the royalties in the music and lyrics (i.e. the
song) go back to them (but royalties for the sound recording-
the record - go to Captain Sensible.
• When Dizzie sampled and changed the song, the royalties
again go to Rodgers and Hammerstein, but they agreed a
small amount to go to him for his own rap contributions.
• Dizzie would also have needed permission from Captain
Sensible’s record company for sampling the master recording
of the cover version.
• He may have paid a flat fee, or agreed a small royalty.
Therefore, ‘Dream’ belongs almost entirely to Rodgers and
Hammerstein, and Dizzie would even have needed permission
to change the title.

11. Listen!
Dizzie Rascal Sampling “Happy Talk” for
“Dream” (2004)

12. Case Study 3 The Verve V Rolling Stones
U.K. Rock band The Verves biggest song "Bittersweet Symphony"
is bittersweet to the band and singer Richard Ashcroft after a
lawsuit awarded all songwriting credit and royalties to Mick
Jagger and Keith Richards.

13. Case Study 3 The Verve Vs Rolling Stones Detail
The Verve – Bittwesweet Symphony vs. The Rolling Stones – The
Last Time
The Verve asked for permission to sample The Andrew Oldham
Orchestra recording of The Rolling Stones song "The Last Time."
The Andrew Oldham Orchestra was a side project of Andrew
Loog Oldham, who was the original manager and producer of
The Rolling Stones. It was basically orchestra "elevator music
version" of The Rolling Stones songs. Here is the song The Verve
asked to sample…

14. Case Study 3 Cont. Verve Vs Rolling Stones
Although, The Verve had obtained a license to use the
sample and agreed on a 50/50 split, lawyers and managers
of The Rolling Stones agued successfully that The Verve
had used "too much" of the sample and asked for 100%
songwriting credit and royalties or remove the song from
record store shelves. Which left The Verve no choice but
to agree with the judgement.

15. Case Study 3 Cont. Verve Vs Rolling Stones
• "We were told it was going to be a 50/50 split, and then they
saw how well the record was doing," says band member
Simon Jones, "They rung up and said, 'We want 100 percent
or take it out of the shops, you don't have much choice.'
• Even though Ashcroft wrote the lyrics to "Bittersweet
Symphony" he had to relinquish all songwriting credits to
Jagger/Richards.
When playing it live Ashcroft has dedicated it to Jagger and
Richards and claims he is happy to pay some of their bills!

16. Listen
The Verve – Bittwesweet Symphony vs. The
Rolling Stones – The Last Time

17. The End