How Copyright Works: How Sampling is Different from Stealing | Berklee Online 

There should be a law protecting sampling. It isn't stealing, borrowing from other musicians is how culture grows.

I never totally understood this... It seems like it´s illegal but everybody does it. You finish by saying that "sampling is infringing two copyrights: the sound and the composition. That´s why you have to ask for permission. And in the title, it says " How Sampling is different from Stealing". Isn´t that a contradiction?. Shouldn't the title say: "Sampling without permission is stealing" ?. Just asking. Thank you.

It is so hard to have a 100% original song. Fascinating how this works.

Let's be real. As long as people arent straight up reuploading stuff that they claim isn't their's, that should be called stealing, but if somebody looped a Soul song or, hell, even Bohemian Rhapsody, there shouldn't be laws against it imo. If I ever became a politician, I would try to make it a law where sampling is comepletely legal without permission, but the initial owner of the sample would take a cut from the song instead of sueing.

This inspired me to sample now.

I think it shouldn’t matter that you sample without permission. And I’ll tell you why. If you sample and make a song, you would only get sued if that songs gets popular. If that song blows up then you shouldn’t care about being sued because then you are already a popular artist and you can probably make another good song and keep making money. Perfect example is Juice WRLD. He sampled a sting song (lucid dreams) and that was his biggest song and what made him break through the main stream, sure he got sued but if he didn’t sample then he would’ve never been famous

Over the years there have been so many songs that it's really hard to make something completely different. Music was always based on taking inspiration from something. A lot of people misunderstand sampling. It's not a lazy way to put together a song. If you take a song and make it completely different. Then it isn't copying at all. I guess if you just don't change it at all and claim that you made it, sure that is copying. Sampling isn't easy. I have been sampling for a year and only now I can make something decent. I would argue that playing the piano is as hard. But that's just my opinion.

Illegal sampling is kind of like consumer music piracy in ways. They exist because the legal way has a higher barrier of access than the illegal alternative. With the avent of online streaming services, music piracy has been dropping since paying ~$10 a month is overall easier than trying to torrent from a shady source. (Alternatively piracy still remains high in regions with overall lower socioeconomic conditions). Stuff like Splice are great for being easy and relatively cheap to access. I don't have hard evidence, but personally it has been a great resource for picking out samples from normally very expensive packs rather than download such through illegal means to save hundereds of dollars. Legally sampling from published music on the other hand still remains out of reach for many smaller artists though because of the upfront cost, legal hoops, and being ignored by copyright holders. IMO this barrier stiffles the growth of a "healthy" sampling culture, not any inherent sins of sampling itself. I'm sure many of the past artists who sampled illegally would have liked to credit the works of old, and I know such a sentiment is common among my small-artist contemporaries. But initial clearance fees would be more than impossible for a broke young person or at the very least insanely stupid to pay for when then music you release may only earn pocket change at best. So, one is left with 1. not sampling or 2. sampling illegally and hope they don't get caught by chance. And for no-names with no money, the predominant culture is to try not get caught. It's completely respectable if a copyright holder does not want their work to be sampled, but sometimes it feels the costs are more about lining pockets from sampling rather than protecting creative ownership, which is why big artists can willfully infringe on copyright with enough money to cover lawsuits without being chased to the ends of the earth for stealing another's work. Sample-based music is an art intself, a collage similar to visual collage art. It's about expressing a sum both greater yet less than the its components. It's not about claiming ownership of the pieces but about presenting them with a new interpretation, much like how a common pop chord progression can be recontextualized in so many ways to create totaly different songs.

There's a fine line, someone can't own the sound of a guitar or a sequence of notes (in any context). I think sampling the most basic element of a song is OK, if the law says it isn't then it should be changed. At some point noone would be able to create a new song without it being a random sequence of unpleasent tones.

It’s pretty weird to not call sampling stealing. Very popular rap song’s essentially take the entire sound of another song. For example, the beat in It Was a Good Day by Ice Cube and Big Poppa by Biggie sound pretty much the same to their originals.

Seems a bit strange to be able to own a single note/tone, it's almost a building block of nature and likely recreated thousands of times unintentionally. There must be a grey line here. For instance, if I take a sliver of a second (0.02 seconds) to create a sound of my own, doesn't anyone really own that or did I misunderstand?

Me from the UK. We all also need to realize if it was not for sampling a lot of artists who have been sampled would have been broke or forgotten. I would add further that sampling is lucrative for Music publishers, songwriters, and record companies. Examples of sampled artists from the 1970s, and 1980s include James Brown, Rick James, ( used By Mc Hammer ) Hall and Oates, Joe Cocker ( used by Tupac ) Sting ( used By P Diddy ), Steely Dan ( used By De-La-Soul) Kool and the Gang ( Used By Will Smith )

What a great explanation! Thank you

Thank you for sharing this 👏🏼

I genuinenly find this video helpful as I confused Sampling by copying. It is common nowadays in the music industry mostly in rap.

Sometime you just instantly like someone. This guy is a sound likeable dude. Well explained thank you 🙏 . I wish more humans were like this man. The world would be a better place. ✊

I think sampling needs to be considered in the context of fair use. There are important fair use precedents in visual arts case law such as _Cariou v. Prince_ in which an appeals court ruled that unauthorized "appropriation art" using the plaintiff's photos is "transformative" to a "reasonable observer." If a court can rule that qualifies as a legitimate fair use, then why not sampling too? One could make a reasonable argument that a sample is a form of quotation that is used to create a musical dialogue or commentary between two songs. Given that a sample is a small fragment of a song, the use of a small sample is unlikely to negatively affect the market for the song from which it was taken, and the transformative use of a sample in its new context, I think at least three of the four factors of fair use under American law can be reasonably satisfied. Of course, since there is no well established precedent in case law for sampling being fair use, it is legally risky to do so without authorization. Artists should get permission to use samples.

So you're telling me Daft Punk asked all these Labels for permission?

very informational, thanks

This helps a lot thanks

This is why you ask before you take. It doesn't matter of what part of a sound recording you take. Their composition is always embedded in it. And the person who wrote that song (melody & lyrics) should be contacted first. If not, then law suits and court is up next. I used to think that if I listen to a record and sample the drum break. I should be in the clear. Well, it doesn't work like that. Because every published song has two copyrights. The composition (melody & lyrics) and the sound recording. And a composition can be either a song or an instrumental. And chords or chord progressions, rhythmic elements, sound effects are not part of a composition. It's part of the arranged/produced sound recording. But not THEE composition.

Thank you for this clear explanation. Can you address sampling non musical thing ie tv movies comedy other performance. Sounds recorded without permission or in private public. Thanks

Thanks for the informative video. But as the time is going forward I see how all this regulations do not want to work. We know the cases where some artist sued others for incorporating standard chord progressions. From the other hand we could ask ourselves if the samples of only very short fragments of standard instruments like violin, cello, sax (eg. Single notes) if it is wise to copyright them because in my opinion there is nothing unique in their construction the sound is repetable and if you play that and record on another violin, cello it will sound quite similar or exacly the same. So this is ridiculous :)

thank you so much

its really hard to make a fine line between sampling and stealing since it varies from track to track

what i don't get is my anniversary song has the copyright but not the 2019 version since it's the same song

thanks a lot

I expected longer explanation. Especially, how much do you have to change few sampled seconds, in order to claim your own copyright? Or is that impossible? Cos usually, you chopped the composition into different one and changed the sound drastically.

What to do if both artist used same samples for Song & one artist Realease earlier. It's happened to me it will be copyright or not. I don't publish yet plz let me know

I love samples and my sp ❤

How can i ask for permission? Emai? im not sure big labels will respond...

where do I go to obtain a notice of intent to send a publisher and how can i do this with full transparency between me the publisher, composer and the government all in one . I want to get this ball rolling on a song I sampled but want to obtain a compulsory ,blanket license, or mechanical license legally , its for a song i recorded guitar over. any tips would help. thank you Berklee.

What if you haven’t put a song out but a section unreleased has been credited to you on someone else’s record as a sample?! Should I register my sections so people can sample from them even if they are not a typical song or should I get paid for my time making that section for someone’s else’s song like a session musician and get a credit? I’m confused and need to get it right before I give away more stuff. I’m a new independent recorder/ music maker

As a beat maker, how would I copyright a beat that contains a sample?

Upcoming artist need permission to profit off of remakes without getting a lasuit or worse. its impossible to get in touch with original artists. But we have soo many big ideas.😢

Also applies to voice over recordings

great information.. what about sampling a movie dialogue line and putting in a song?

What if I want to use a speech instead of music? Maybe even slow it down or put an effect on it. Any help with the answer and a video or link pointing me in the right direction would be greatly appreciated.

I have got one important Question: Im a Producer and havent released Music yet because I am not sure about my Name and I need a producer Tag !! Now I had the Idea to use * "Aaaaand Snap ! The Job´s a Game" * from Mary Poppins. Am I aloud to do that ??? Probabaly not but idk cause its just so short

Can you use samples without getting permission, if you're not making money off of it? For instance, e.g. if i use a movie sample in my beat and upload it to youtube. Is that ok or nah?

I like this guy. I think he has some gems hidden up his sleeve. Let me know if he ever makes something; I'll sample it.

What about sampling interviews from news or famous people or movies?

What about a completely instrumental version of a tune, played on a different instrument and no singing. Can I play a Beatles song on a classical guitar if it’s my own arrangement?

What about lyrics/song hooks?

How would this work for a sound sample from say a movie? I have heard that if you change a sound clip 10% or more there are no problems but I'm not going to risk legal ramifications by word-of-mouth.

I don’t know if you answer questions in the comments, but are the laws different when sampling a movie or a piece of film?

What about micro sampling? How many seconds of a recording is consider as "stealing"?

Boston?

So Cage got permission from Built to Spill?

Is it illegal to publish a song composition with Ableton drum loops and samples to youtube or spotify?

So you have to have permission to sample something? Because I want to sample a cartoon intro from cartoon network, so I would have to contact them and whoever made the song ?

Problem is who will give that permission.. I can understand both sides, but i wish music was more about sharing and giving new artist's a chance.. It's nothing on how i would like it to be and it upsets me really bad.. Now i got to find a 9-5 job to keep with my bills it will be a better option rather to stick to that industry and all this rules .. I'll keep it as a hobby and just do remixes for no profit.. The percentage on getting any success as a producer every day gets lower and lower, but i wish you all the best for sure.. And don't forget it's not over yet there must be something out there for you too just don't let this industry eat you alive, go workout eat some healthy food try to overcome your fears with girls and things will change and let the famous be famous they got other issues to solve.. Be your self, love your self and who ever doesn't like you go find new friends or people to talk with because even our own family can be the toxic relationship we have..

Ideally and realistically …before u warp the hell out of it…I don’t use em traditionally…another great way is to sample a one shot of a note then using it as a synth preset

I am getting treats from a friend that gave me a Trumpet sample to create a song. I used the trumpet sample to make the beat, recorded the song, Mixed, Mastered it. He agreed for us to upload it for distribution. I uploaded it to be released on my Spotify page and he's too. 2 weeks later, Dude's telling me we cant release the song again. He continued that if i do he will take legal actions. I really have spent a lot of time and money to create this song. I NEED ADVICE on what to do right now

Dr. E. Michael Harrington, I would like to just type a few thoughts, as a musician and as a person that is fairly well versed in the law, though not an attorney. I won't get into my qualifications or lack thereof. What I will say is that I have been a part-time professional musician and played out in the real world. I have played in cover bands at bars, where we did 4 hours (4 sets) a night and we may have sprinkled in one or two original tunes written by our illustrious band leader. Although some bigger clubs may have been forking over monies to allow airplay of radio and may have forked out money for live music to one of the big representatives of copyrighted music rights, most small venues never did. There is always one fight or another going on. Metallica sued Napster over music sharing, streamed online, which was a type of exchange. It was thought to be, by its creators, no different than if I owned an 8-track or cassette tape that I bought back in the 1970's or 80's and I loaned it to a friend or perhaps my friend and I swapped these physical media - I wanted to borrow his Meatloaf tape and he wanted to listen to my REO tape. ;-) Is that against the law? More importantly, of course, is it even enforceable if it were to be unlawful. The big FBI warnings at the beginning of VHS tapes with a movie on it were laughable, as if somebody is going to jail for copying it. Who ever did? Who ever got thrown in jail over making a copy of a cassette tape, a VHS tape, a CD, a DVD, etc. Then there is SAMPLING. Let me tell you a little something, even though you apparently lecture on this stuff. You cannot copyright a chord or a chord progression. You cannot copyright a sound. It is impossible. You can copyright a collection of sounds, a completed work. You can copyright lyrics, as in a whole work. You can't copyright a word. You can't copyright a sentence. You can't copyright a title to a song or a title to a book. Now, the case you cite is about a specific snippet which was how long? What would be a SAMPLE that would be too short to try to claim is yours? What would be the length? I can guarantee you that I can sample stuff all day long and nobody would ever know whether I sampled it or actually played it! I mean, first off, my main instrument was TRUMPET, but I also play keyboards, guitar, bass guitar, harmonicas, melodica, recorder, Irish tin penny whistle and the HUMBUCKER ELECTRIC KAZOO! I own and can play a full drum contraption (a trap set). I own and can play many Latin percussion instruments. I can even sing, when my throat isn't scratchy from all of this smoking I've done for 46 years! Let's back up to that one word: KEYBOARD. I own many of them. I also own computers - lots of them. I have many MIDI keyboards and sound modules. I have VST's (Virtual instruments on computers). I have one sound module that I bought around 1998 that has 2365 different SAMPLED INSTRUMENTS - I mean, real grand pianos, real violins, etc. 99% of music today is made WITHOUT A BAND! In addition to the actual 10's of thousands of sounds that I have at my disposal, I have effects units, analog and digital, that can change any sound into something completely different. So, I sample YOUR speaking voice in this video, use it in a song and you would never know it. So, why certain hip hop and rappers were stealing recognizable long samples is, well, stupid, when they could have easily altered it to where it could not possibly be stealing anything at all. Well, I am not entirely familiar with the details of the case that you discussed and maybe I will look further into that, but frankly, I think that Metallica (LARS) shouldn't have sued Napster and I think that this one hit wonder that sued some up and coming hip hop guy was just rude and unnecessary. I have a creative mind and I can piece together an original tune, but I didn't invent any chord progression that hasn't been used a million times before. You should doublecheck me on this, but you really cannot OWN a chord progression. You can't copyright a chord progression. You can copyright lyrics, if it is a whole work. You can can copyright a melody (that which is being sung or that which is being played as a solo melody on an instrument). You can copyright a whole musical recording. So, with the muddy tale you told of that case, can you tell me if there came any actual clarification as to how much of a snippet I could use if I were to sample something? 3 seconds is OK, but 4 is not? 17 notes is OK, but not 18? I don't need to SAMPLE anybody else's stuff to make music, but I am curious as to what, if anything, was actually clarified. Next week, or an hour from now, some record company or songwriter will be suing somebody for something. ;-) I have been flagged on RU-vid for copyright infringements when something in the background as I was shooting a simple family video was caught by their robotic copyright search drones. I have been flagged for copyright infringement for having used music included with video software, being told that those were all paid for and freely usable by anybody that bought their software. I was even once flagged on Facebook that I may have infringed somebody's copyright when it was my very own original composition, me playing all of the instruments and singing. LOL Some of these people and corporations need to lighten up. ;-)

What about recreating the sample? Like Prodigy did with Nirvana's Very Ape.

how about if i used someone that was interviewed?

Does anyone know if you sample a public domian song and make money from will u get copyright? Im trying to produce lol im new to this shit

What if you sample a sound effect from a video game?

Can I use one shots samples? Not loops .. How they gonna know that I used there sample? When all the hi hats and the kick sounds same .. Can I use one shots samples without permission??

It also depends on the sample - what if I just want the snare on a Micheal Jackson song? Am I going to get sued for using just one "hit"?

Did pat Boone ask for permission?

I never got the point of sampling. In the form of taking it and modifying it. Why not just create something that sounds what you want it to from the song you would be taking the sample from. It’s still sampling but instead of taking it directly, just recreate it yourself

Can i sample a piece someone's speech in my song?

Don't forget vanilla ice I'm like stop 😉

Is this still the law? That structure seems to bias the entire structure of the industry toward larger more established companies/people. Has there not been any cases since to further litigate the definition? This seems like bad law. Helps the few harms the many.

So even if i use an 808 kick drum is stilealing ?? Its stupid

Grateful to have him as my instructor at Berklee :)

Is pretty funny that this is even an issue lol. Me (good twin): "Hey, I don't need (insert anything here) its free." We call this DONATING Me: "Hey neighbor, can I use your (insert anything here)." We call this BORROWING Me (evil twin): *Takes neighbors (insert anything here) without asking.* We call this STEALING MY GAWD WHAT A HARD CONCEPT TO GRASP.

Hans zimmer knows how he does his work

I dont get it

Excellent video and I agree that sampling without permission is stealing. By the way you stated that Gilbert O'Sullivan is English. He is in fact from Waterford in Ireland.

I believe there were a few cruel clauses in that judgment. Biz had to take every copy off of every shelf in every single record store on the planet and only had one week to get it done. Every day after the week would cost him some astronomical amount of money in penalties till the song no longer could be purchased commercially.. Gilbert O Sullivan felt so disrespected by the goofy use of his heartbreaking song by a rapper. It was the principal. The whole album got canned. Wait, wasn’t that the “YOU……………… GOT WHAT I NEED album?

Clear as mud..

ok, but many musicians nowadays use sampling as legitimate stealing...

Should be a default formula of how much % the sample is to % profit from the track, let’s say an old track never gets played anymore but then it’s sampled and becomes a hit, the original owner gets paid again, if we encourage sampling in a positive way every one is a winner, need clauses for content though, nothing to rude or racist etc

The weekend sampled i dont wanna know by mario winans i dont like it

So.... whats the answer?

That could have taken three sentences.

unless its puff daddy, he just takes the entirety of the song, takes the instrumental, and bass boosts it

Who got upset?

so sampling is basically stealing

Lets be honest about what sampling is. I will take YOUR song, edit the melody around, and then rap some gangsta verse over it and call it mine. That is what sampling is. The only thing the rapper does is speak over someone else's melody. That's about as much work as the rapper does.

theres a copywrite clause in some dudes song guthrie something bout the flag or some old song ...??? quoted remaster burn it download it word of mouth promoted

i find unattractive the whole idea of stealing someone else’s craft and then present it as mine, unless it’s a cover with all the due diligence done. But maybe for some who live an inspiration crisis it’s ok. But again if you are not creating something new/unique/truly yours whats the point then, why call yourself an artist? when perhaps a retail job can suit better.

I thought chords can’t be copyrighted

I don't like how they brush it off as sampling when they're clearly cutting the original music, remixing it, and then make it their own music

If money didn't exist, would the need for copyright law exist?

Parody, is free reign.

Only 12 notes, no rules. create art and sample as much as you want don’t let the law tell you you can’t make art….I’m waiting for those that studied art history to chime in and say everyone stole from something…they made better art. Regardless of the fact if the person or work or movement at the time would be pissed off and ……Studying art and sampling it makes better art and if ur bitter about it try sampling a drum break and time stretching a soul sample for hours and hours, then maybe sample a jazz record or a musical. No rules no limits. Art is art sit outside and listen to birds, they won’t sue I promise they just are making art

Don't use anything from Tracy Chapman, she takes *ALL* publishing rights.

Even this guy incorrectly uses the word "Beat" instead of song. He finna write a Beat. I jus wrote a fly beat! Do you write beats? lol When and why did low class, prison cultured, ghetto vernacular become mainstream, accepted, and emulated by otherwise intelligent people? It is called a song! A song contains a or multiples beat(s). UGH!!

What does John Lithgow know about sampling 😉

ah, the theft mentally on comments sections 😌

It was a common practise between people who couldn't afford to play and record their own instruments. But now with all the technology available there are no excuses. Come up with an idea, play your virtual instruments, record yourself and then it's yours, then you can claim ownership. Otherwise you're just using someone else's work and believing you've created something new. I think sampling is not necessary nowadays, if you say you're not lazy, learn music, play it and record it by yourself.

Who is here after egma and 69

its still theft of a persons work on principle and a useless argument in court. you know what i think

Sampling = Copying the entire melodies of a song and adding your crappy singing on top of it

Exactly what I've always thought. If you sample without permission, you are STEALING