how are royalties worked out when rappers sample songs from other artists?

[samal50]

Is it just like a when artists cover another artist's song (is this called performance royalty)? Is this how rappers that sample other people's work pay royalties due? But understand a sample is different than covering a song. Covering a song is way harder to re-create than just simply sampling. Sampling is taking people's work, transform the drums and over all production to the current era and rap over it.

 

It must be cheap that no wonder lots of rappers take advantage of it?

 

The noticeable change in sampling is mostly the drum beats to sound more modern and hip hop, by way of beat matching along with the tempo of the original song.

 

I'm quite shocked at how many of the rap/hip hop hits of our time are all samples. Some sounded just about the same but with minor technology manipulation to make it sound current, as if technology isn't the answer to create original tracks instead.

 

Notorious B.I.G.'s "Big Poppa" was sampled from The Isle Brothers "Between The Sheets". It's almost the same but with some added ad libs and modernized drum tracks.

 

To get back to the topic, does covering a song vs. sampling a song work the same way as far as paying royalties?

[crowguitar]

It depends on the sample, the length of the sample, and who the sample is originally from.

 

Usually, you pay a flat fee per sample. That, however, can vary anywhere from $2 GRAND to $35 grand depending on length and popularity of the source.

 

Royalties are only involved if the sample "Becomes" the song. For example... "BitterSweet Symphony" by the Verve. The entire orchestral loop in that song was from a Rolling Stones live album. Eventually Keith Richards & Mick Jagger sued to not only get royalties but were credited as songwriters on the Verve's track itself.

 

You can also singlehandedly thank Beastie Boy's album "Paul's Boutique" for bringing us the sample copyright laws we have now. They got sued by everyone (Jimmy Page, ACDC, you name it) due to all the uncredited samples they used on that album..lol

 

Covering a song is entirely different from sampling a song tho.

I'm not sure of the actual rates, but once again, it does involve dealing with the publishers of the song, as well as sometimes also the artist, because some have to consent for use of their work for another band to use.

[boxorox]

On the street. Mano a mano, Dude...

 

Don't know the deal post Beastie Boys-wise, but I used to make commercials, political spots, PSAs, etc. Back then you could use a piece of copyrighted material if it was under XX amount of seconds. Sampling is a whole 'nother animal, as the original tracks are incorporated into a work that is then presented as being an original and independant artistic/intellectual property. Check copyright law, BMI/ASCAP etc. My Sweet Lord, how people will drink from your well..

[daddymack]

The mechanical license will allow oyu to use the song, part of the song, etc. However, to use the actual performance of said song by the original artist is a whole different animal. Now you are looking at the 'ownership' of not only the copyright for music and lyrics, but the copyright of the sound recording, the publishing...and it can get extremely involved. There are 'clearance houses' that handle this, and will help negotiate the fees.

[Mcfontio]

 

It must be cheap that no wonder lots of rappers take advantage of it? The noticeable change in sampling is mostly the drum beats to sound more modern and hip hop, by way of beat matching along with the tempo of the original song. I'm quite shocked at how many of the rap/hip hop hits of our time are all samples. Some sounded just about the same but with minor technology manipulation to make it sound current, as if technology isn't the answer to create original tracks instead.

 

 

Why do you think battle rapping has any kind of following (with not a spit of music to it)? The lyrical ablilities of the rappers. That's about all they've got - can't sing, can't play an instrument and could probably barely run a turn table if at all.

 

They still need music to their lyrics (to even make it music) and what's easier than a sample? -Something that's already embedded into peoples minds.

[Lord Lav]

Legally if you sample any recording in your work you have to clear the publishing rights (often owned by the original songwriter) and the master recording rights (often owned by the record company). It doesn't matter whether you sample 1 second or 2 minutes you still have to negotiate permission to use the samples which normally is expensive, (though I will say if you sample a really small section of a song it is less likely that anyone will notice, so you might get away without having to pay to permission. There are companies you can pay to do the negotiating for a flat fee. Whether you own all the publishing rights to your new song with a sample on it depends on the negotiation terms in which you cleared the sample.