What you need to know about sampling

princess abumere 11:58 - 01 June 2016

There are however some risks to using samples. Illegal use of sample could lead to infringement of copyright.

Here’s some advice on why you need to get permission before you sample a song.

<p>A lot of times, our inspiration comes from listening to music made by others or even speeches given by notable people. Sometimes as an artiste, you maybe so inspired you decide to lift material (a sound or lyrics) from the song which inspires you.</p>

Depending on the situation in which this sample used or how it appears in your final production, you may or may not need to get permission to use this.

Sample clearance: to get or not

If you are using a sample in your non-commercial music (music you are giving out for free such as a mixtape or recording done for educational or satirical purposes), you do not need to get legal clearance from the the owners of the sampled song.

For example, rapper M.I. Abaga

If you are using a sample during a live performance or even performing the cover of a popular song, you do not need to get clearance because the venue should have paid a blanket license fee to performing rights organisations such as Copyright Society of Nigeria (COSON).

Using samples in commercial music

There are however some risks to using samples. Illegal use of sample could lead to infringement of copyright.

If you decide you want to sample a song for commercial purposes, to avoid copyright infringement, you need to get permission from the copyright owner/ publisher or the record company who released the song. In many cases, you will need to pay a fee for this. If you are an independent artist, you can employ the services of an entertainment lawyer to help you find the owners of whatever record you intend on sampling. If you are signed to a label, there is usually an in house specialist who takes care of this.

In 2013, Beyonce took permission from Chimamanda Ngozi Adiche to use excerpts from her TEDx talk ‘We should all be feminists’ on her song titled ‘Flawless’.

There are several cases where sampling has led to lawsuits. In 2013 in the United States of America, Kanye West was sued for infringement by the family of David Pryor for allegedly sampling a 13 second bit of Pryor’s song in “Bumpin’ Bus Stop”.

To reduce the risks of being taken to court over an uncleared sample, you can make it unrecognizable or bury it in your mix. If you modify your sample in such a way an average listener can’t point out any similarities, then you are not infringing on anyone’s rights.