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This is all bullshit anyway and won't change a thing.
It has always been illegal. There are cases about this all the time. Hence all the major rap artists already clear everything anyway.
Just recently there was that Wilco vs Iridial - Yankee Hotel Foxtrot sampling issue (althogh that was taken to court in the UK i believe). There have been countless cases some goign one way others goign the other way. It just comes down to how much dough the owner of the Publishing rights has.
How about bands like ESG or Liquid Liquid. who have been sampled to fuck by countless hip hop djs. but because they aren't on some huge label they dont' get squat.
does DJ Shadow clear a sample? should he? Supposing that the original artist owns thier song and all its rights should some will smith be able to come along steal a loop (ala rock the casbah, or that Le Chic track - He's the greatest Dancer) and sell millions and make shitloads without showing some respect to the orignal artist?
What about Daft Punk? anyone heard that song by Edwin Birdsong - Cola Bottle Baby. - if you've got a copy of Discovery laying around can you check and see if Harder Better Stronger acknowledges Edwin Birdsong?
― Savin All My Love 4 u (Savin 4ll my (heart) 4u), Wednesday, 8 September 2004 23:22 (twenty years ago) link
Of course, if the sample really is small and unidentifiable (i.e. fucked with) enough, no one's going to be able to notice it anyway.Yeah, this ruling really means nothing since it's only something new for non-identifiable samples. If someone catches you on it, then obviously they identified the sample, so it wasn't non-identifiable anyway!
― wetmink (wetmink), Thursday, 9 September 2004 01:21 (twenty years ago) link