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Sampling - royalties and copyright from a rational perspecti


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Sampling is used by almost all professional electronic music producers, and i'm getting more and more into it myseld. One thing i wonder, if i chop up a original recording, rearrange it. pitch it etc, so it is far from it's original melody/ structure, could i still face copyright issues if the song gets "big"?

Take Prodigy's "Smack my b**ch up" for example. As you see here it contains many samples: http://www.whosampled.com/The-Prodigy/Smack-My-Bitch-Up/

Did prodigy pay rage against the machine to use the short sample (that is really hard to notice from it's original strcture)?

I have googeled this many times, but i want a more rational answer. If i sample a jazz song to the point that it is far from the original, make a big hit of it etc... What is the chanses of facing royaltie issues then?

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It depends on the amount of money you as the person who used the sample made.. And the lawyers involved.. It has become so widespread..Labels can't afford to spend fortunes on lawyers on a small return.. If you make it unrecognizable enough, you'll get away with it.. Then there is the 'fair use' law.. Don't know how applicable this is..

 

Years ago, I did a disco version of over the Rainbow... I lifted the voices straight from the movie for the intro. I wrote MGM (or who ever used it).. They were very adamant about protecting their intellectual property.. It was a big club hit especially in Europe.. released on three labels. including Hot tracks and Disconet.. I never heard from them.. This was back in early 90's.. If the movie company ever even became aware of it.. I think they decided there wasn't much to be gained from it.. They got their royalties from airplay in Europe..

 

What you're doing is of course different. Don't worry, you're chances of making it big, are like winning 400 million from lotto.. No one is going to come around unless they smell money, and it's it's only a word or one sample, it could be a hard sell to a court.

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