Sample or Replay??

  • Legally, is it better to chop samples or replay the portions of music that you like to use?

    I prefer to replay the music and add my twist to it and just give credit to the original songwriters.

    Believe it or not, I just got an "A" in Music Business and still never got my question answered by my professor (he don't like Hip-Hop or the idea of sampling).

    I have goggled this info and visited different forums and STILL can not find a clear answer on this topic.

    Please give me your feedback....

  • Well, the difference between sampling and replaying is quite obvious: in the first case, you have to pay the company or physical person who's owning or holding the copyright of the track you want to sample, some money (usually the amount is standard for each track, but there are also copyright owners... "negotiable"), so you can proceed and legally use it (unless the track is rights-free or you're determined to risk it, "hiding" inbetween the hundreds of tracks produced every day, and, if you somehow make it big one day and "discovered", go for a deal with the legal representatives of that company or person to share your profits with-usually this deal is great for "them" and "painful" for you... other times there's not a deal at all and the copyright owner becomes also the owner of your track!),
    in the second case, as far as i know, at least for the majority of countries, the law considers the replay of a part of a track as a cover version of this track and a simple written credit to the original songwriter(s) will do the job. But, be careful: there many many cases that the law is unclear and the best you could (should) do then is to somehow ask for the author(s) of the track you're about to replay permission to do so.
    In general, when you're sampling you have to pay and when you're replaying you don't have to, but before you do so, you must check out the specific law of your country as there are variations from country to country and you may face an unpleasant surprise if you're not aware of them.
    Hope i helped... ;)

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