Re: [microsound] sampling issues / motivations

[chthonic streams <chthonic@xxxxxxxxxxxxxxxxxxx>]

>  > What constitutes non-sampled content today?
>
> Isnt that very obvious? If you sample it, it is sampled.
>
> There have been analog samplers around - from the Mellotron to maybe the
> pitch-changing/time-stretching tape machines the germans made under
> WW-II.
>
> While I personally love using analog sound electronics those who create
> with digital samples can continue doing so - just ask for a permission.
> I dont see the significance of that requirement. Just do it.

the significance is that most of the time, a lot of money is 
involved.  i think this is one reason why most rap has gotten so 
boring.  if you have to pay for each sample, you're going to buy a 
really choice one and use it all over the song.  gone are the days 
public enemy would use 30 samples in the first few bars of a song.

the other motivation for not asking is somewhat childish, but still 
true - the fear they'd say "no".  i think it's hard for artists to 
picture their work sampled in some abstract sense - they'd need to 
hear the track.  that would become problematic if the sampling artist 
doesn't have their own studio.  if the original artist rejects the 
finished track, a lot of time and money has been wasted.


> And even
> without permission, for "artsy" type installations/concerts there is
> never any trouble - there is no point in suing someone that doesnt have
> any money.

this is true.  although an artist's motivation may not be monetary, 
but personal, i.e. they just don't want their music used on a piece. 
if someone in their camp gets wind of the use, they can just send a 
"cease and desist" order, which may include destruction of all copies 
that use the unauthorized sample, as well as some kind of injuction 
barring the further usage of said sample by the person who sampled it.

btw, all this is just my understanding and opinion of the issues - i 
haven't done any legal research into this.


d.

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