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Highest German Court Says Sampling Is Not Copyright Infringement

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Comments

  • @Nathan said:

    @carol said:
    I absolutely hate that record , I can't agree at all . As soon as I hear it my mind starts singing the original - like that awful record that sampled Queens Under pressure , and it ends up as a confused mush lol

    I'm not saying all sampling is bad - I love a lot of Fatboy Slim for example and a bit of avant plunderphonics . It's when it's shoved in , in a lazy way in some half arsed pop or rap thing as a recognisable chunk of the original that it becomes a nails down blackboard pap nausea inducing lazy DUMB load if toilet water lmao

    Each to our own. :) I'm with you on Vanilla Ice's misadventures in muzak, though. Mind you, these days, poor old Brian May doesn't seem to realise he's in a Queen tribute band. Oh, I just remembered another one we'll probably both dislike, the Fugees version of Killing Me Softly. Never did get how the song was improved by blokie saying 'One time. '

    I love the fugees killing me softly cover..... alas wyclef saying 'one time' in the back ground makes me want to strangle him ....... or at least ask him ... why.... clef?
    way to ruin a track.

  • edited June 2016

    @kobamoto said:
    btw, I have always like fatboy, the joke is your argument, not him and as a samplist he is the laziest.... so what.

    No , you're missing the point - he did it in a very obvious , almost tongue in cheek way A LONG TIME AGO on comparatively basic equipment . It doesn't need to be done again , particularly now when you can put together your own drum loops and breaks AND MAKE SOMETHING NEW

    Bands like The Beatles and Pink Floyd embraced new technology to take their music forward , inspiring millions of others to do the same . Other bands did it through writing . Shoving big chunks of other artists work into your own isn't promoting anything other than ' just take what you want - you don't need to bother to create your own , just copy this and go back on the internet for lols '

    Samplings great - I love chopping and mangling my own loops and recordings into new shapes , and even the occasional free or commercial sample - it's the taking of whole chunks and phrases of other artists work which is a turn off for me

  • @carol is it possible that you come from a musical/cultural/whatever background that positions you to better understand FatBoySlim as a samplest than someone like J Dilla?

    From where I sit, the Beatles and Pink Floyd, to take your examples, did amazing innovative things in their music after a while but both band's first couple of records involved quite a lot of 'sampling'. They definitely weren't rip off artists—they 'borrowed' from what they heard and what inspired them and added their own thing to it to make it theirs—but they most definitely and most deeply sampled other musicians.

  • edited June 2016

    ok. Then create your own work.
    Forget about the western tuning and build your own including your very own instruments and don't abuse other people's work and ideas.

    Good luck with that. You won't get far. ;)

  • @lala said:
    ok. Then create your own work.
    Forget about the western tuning and build your own including your very own instruments and don't abuse other people's work and ideas.

    Good luck with that. You won't get far. ;)

    +1

  • edited June 2016

    @syrupcore said:
    @carol is it possible that you come from a musical/cultural/whatever background that positions you to better understand FatBoySlim as a samplest than someone like J Dilla?

    From where I sit, the Beatles and Pink Floyd, to take your examples, did amazing innovative things in their music after a while but both band's first couple of records involved quite a lot of 'sampling'. They definitely weren't rip off artists—they 'borrowed' from what they heard and what inspired them and added their own thing to it to make it theirs—but they most definitely and most deeply sampled other musicians.

    As I said earlier - it's not the playing of musical phrases or working within existing genres that grates , but the use of large chunks of recorded musical audio , particularly when this is done without the original artists permission ( even if they get paid ) .

    I find the lack of creativity involved , and the dismissal of the original creators feelings , a very stupid thing

    As for the bands mentioned - they started with existing formats ( 50 years ago ) rock and roll or whatever , and took them further .

  • @Nathan said:

    @carol said:
    . Shoving big chunks of other artists work into your own isn't promoting anything other than ' just take what you want - you don't need to bother to create your own work '

    >

    As Puff Daddy discovered when he 'borrowed' whole Every Breath You Take, and tried to claim equal credit.

    .But wait a minute,what about works such as Fanfare For The Common Man - ELP, A Whiter Shade Of Pale - Procul Harum and Past, Present and Future - The Shangri-Las, all of which made extensive use of classical pieces? Or, The opening from Leader of the Pack - "Is she really going out with him?"—which was recycled both as the opening lines of 1976's "New Rose" by the Damned, the first British punk rock single, and of "Kill" by the parody punk group Alberto Y Lost Trios Paranoias, as well as the title of the 1979 hit song by Joe Jackson.

    Are the above acts, in your view, just talentless thieves?

    I can't keep writing the same thing , so see the reply to syrupcore

  • @lala said:
    ok. Then create your own work.
    Forget about the western tuning and build your own including your very own instruments and don't abuse other people's work and ideas.

    Good luck with that. You won't get far. ;)

    Please try and read my posts . Nowhere am I suggesting that tuning or single drum hits are in any way stealing others work . That's a very silly response :((

  • I'm getting out of this thread as you're just taking my comments out if context or completely ignoring what I'm saying . Goodbye .

  • edited June 2016

    @carol said:
    I find the dismissal of the original creators feelings , a very stupid thing

    This guarantees you can do new stuff with it. :)
    How stupid, huh? Lol
    That's was what you wanted new fresh and original stuff.

    Mc Donalds has the copyright on the phrase "I am loving it"
    I will sign up for the copyright of the phrase "I love you"
    Now have fun with the fucked up language and the phrases you can't use.
    Culture just doesn't work like this.
    It's not created in a vacuum.

  • I have to agree with carol. Sampling and performing someones work are not the same thing, not even close. Anyone who is a musician would understand that. Reworking of classical pieces is an art in itself which requires a lot of technical knowledge of composition and the ability to perform it. How anyone can compare that to 'Copy 'n Paste into your DAW' is beyond me.
    I'm not against the clever use of sampling in music provided all parties are happy, but lets not confuse it with interpretation and rearrangement or with learning musical vocabulary on your instrument to play different genres.

  • edited June 2016

    Luckily the Bundesverfassungsgericht are wise people.
    If you are having problems with such a solomonic judgement something must be wrong with you, or you just don't understand.

  • I love sampling what ever it may be, TV-Shows, Radio, Movies, Games, Nature, Everydaysounds and maybe a beat or two heck I used to sample drums from Run DMC tunes before I had any kind of drum-machines and also other tunes where i could find clean sounds (pads, leads, sound effects etc.) that would be useable, prime example for synth sounds was one old Vinyl EP with multiple versions of Axel F for clean drums, bass and other synth sounds.

    I love sampling individual sounds/hits but to re-use loops and musical phrases that are instantly recognisable feels 'wrong' unless it gets mangled beyond recognition in a creative way. One of the sounds that still haunts me to date is the 'Ax Ganging in the Garage' in the beginning of Stallones Cobra, a drone, slamming axes and great atmosphere and well it's a blast to speed up elvis whappabolooba duwhappabamboom and mix it with a jungle-beat, still makes me laugh, or mixing some Jimi-Hendrix riffs with a Johnny cash tune...

    With a bit of creative programming it's also possible to re-create something very close to the original and in some cases with the same gear it was originally made with, it would sound like a 'sample' but wouldn't be one...

    For me sampling is the highest form of flattery and when ever sampling how small the sound-sniper is the credits should be at least mentioned when a piece is brought to an audience.

  • @lala said:
    ok. Then create your own work.
    Forget about the western tuning and build your own including your very own instruments and don't abuse other people's work and ideas.

    Good luck with that. You won't get far. ;)

    I disagree, you could get very far. There are infinite frequencies to choose from, in-between any that have already been used. Instruments could be built using rulers on desks, or modular synths or even software modulars. Of course, the computer would have to use electrons that nobody else has used, and transmit the sound through air molecules that nobody else has vibrated.

  • @carol said:
    … Goodbye .
    I'm …
    … completely ignoring what …
    … you're …
    … saying…
    I'm … just …
    … out of …
    … my…
    … thread …
    … Good…
    … Good…
    … bye .
    … bye .

    I see.

  • @carol said:
    As for the bands mentioned - they started with existing formats ( 50 years ago ) rock and roll or whatever , and took them further .

    Precisely like so many modern samplists.

    This thread is making me think of the common phrase "I don't like ______, it all sounds the same". Said by many about every genre of music ever. If I'm honest, for me that blank would be filled by modern country music. Same remixed set of chord progressions and same-same vocal style. To my ears.

    There's no doubt people are, essentially, sampling in modern country music. They may not be using a machine to capture and loop chunks of recordings but they're copying all manner of stuff—chord progressions, pick ups, drum beats, vamps, guitar sounds, vocal styles, slang words, harmony structures... All the time.

    That said, there's also no doubt in my mind that I, due to my own musical and cultural history, am simply missing/not understanding a lot of what so many people (millions!) love about it.

    I understand that you're tapping out if this thread but for some reason I still find myself hoping that you'll at least consider the possibility that you have similar biases with regard to electronic sampling and hip hop.

  • I agree entirely with Carol regarding the existence of bad sampling, unskilled sampling or lazy sampling I just entirely disagree with the opinion that fatboy slim is the definition of non-lazy sampling when I actually think he popularized the laziest form of sampling in modern times. I also do not agree that because of the time in which he did it or the equipment that he used that it was an exceptional example of the art form in any way. He did it in the 90's and didn't use anything special as a matter of fact Carol I would submit to you that endtroducing by dj shadow which came out earlier than fatboyslims stuff was eminently less lazy compared to the fatboys... I guess not unlike yourself that's just my opinion and as opinions go by their very nature they are equal... You obviously like sampling I guess I misinterpreted the spirit in which you delivered your opinion.... Sounds like you like sampling but you just don't like those pesky rapkids and didn't agree with the recognition that the German judiciaries gave to the value of what those pesky rapkids produce there by validating their contribution to the fabric and culture of musicality.

    anyways this was before fatboy and less lazy in my opinion, of course there's a caveat... it's hiphop.

  • edited June 2016

    I enjoy the creative use of sampling by various artists back in the '80s before it became common place — Paul Hardcastle, Skinny Puppy, Tack Head, Bomb the Bass etc...

  • @Nathan said:

    @pichi said:

    Reworking of classical pieces is an art in itself which requires a lot of technical knowledge of composition and the ability to perform it. How anyone can compare that to 'Copy 'n Paste into your DAW' is beyond me.
    >

    Sorry, but I spotted this and was moved to make one last comment.

    Playing the elitist 'I'm a musician' card completely misses the point. Regardless of the technical abilities required, the acts I mentioned all took from the music of others. It doesn't matter a jot how clever they had to be to do this, the principle is exactly the same: they based their own work on something previously created by others.

    That's the difference right there. Basing your work on someone else's and actually using the work they created in your own are two different things. No intention of being elitist. They're just not equivalent.

  • edited June 2016

    @u0421793 said:

    @lala said:
    ok. Then create your own work.
    Forget about the western tuning and build your own including your very own instruments and don't abuse other people's work and ideas.

    Good luck with that. You won't get far. ;)

    I disagree, you could get very far. There are infinite frequencies to choose from, in-between any that have already been used. Instruments could be built using rulers on desks, or modular synths or even software modulars. Of course, the computer would have to use electrons that nobody else has used, and transmit the sound through air molecules that nobody else has vibrated.

    Nah, every frequency between 20 and 22.000 hz has been played by now, and I guess all melodies and rhythms have also been played before in the last 30.000 years ...
    Stuff isn't as original as we like to think.
    We are not talking about a few hundred years of book printing or something.
    So tell me how original your stuff is in the face of 30.000 years of history. ;)

  • @carol said:

    Samplings great - I love chopping and mangling my own loops and recordings into new shapes , and even the occasional free or commercial sample - it's the taking of whole chunks and phrases of other artists work which is a turn off for me

    This is pretty much my feelings on sampling. Sampling is like the tape loops that John Cage used, that the Beatles's used on "Tomorrow Never Knows" and the coins/money loop Floyd put through "Money" but with better technology. The digital quality & convenience and editing aspect is really the only difference. We digitally tapeloop a 350ms hi-hat hit and call it sampling.

    I have no issue with creating samples from instruments or your own works. I do think taking a melody line, lyric or hook or some huge elemental sound signature from a preexisting work is sticky though. I am not saying to ban the practice, I don't do it and think the way most sample clearance has been done the last 15 years has worked decently. To me, as long as the sampled source's owner/copyright holder says it permits the use and a songwriting credit is given to insure publishing income off the "new" track/song be given to the original writer, beautiful.

    Problem is music is now a world wide free for all where downloads and streaming are the way most people "consume" their music. Technology is still very much in its infancy where tracking streaming plays and digital distribution is concerned. It's there, but not perfect. Big artists can get paid some of their royalties, but just research all the strife and litigation around digital distribution and you'll see it's far from being close to fully workable and fair.

    Instead of a global organization where countries participate and agree to a unified copyright code, we still have the decades old system from the vinyl days where an artist would have several different contracts & labels for different territories. The very fact a German court makes a determination on sampling speaks volumes. In the 21st century, where virtually all tangible music media is dead and now a persons work exists in the depths of cyberspace, there needs to be a global consensus for music regulations and bylaws along the lines of the United Nations, NATO, etc.

    To me, sample all you want. Puffy wants to make a hip-hop track using "Classical Gas", more power to him. Just give Mason Williams songwriting credit and a fat (or is it phat) check. I'm sure he'd appreciate it. But if some unknown cat in Pennsylvania or something uses the song in a mix tape track that suddenly gets hot, and the thing flies under the radar but temporarily enriches the said unknown cat, well that's bull***t.

  • edited June 2016

    You people confuse me with your confused ideas, :D
    We had greenpeace, AI, and now NATO. Lol what's next?
    Khomeini Playing the Lyra to the burning cities of the western world with Santa Claus playing the tambourine to the rhythm of love me do over some sampled words from Cory Doctorow killing copyright ?
    :D
    Have a nice sunday.

  • edited June 2016

    @syrupcore said:

    @carol said:
    As for the bands mentioned - they started with existing formats ( 50 years ago ) rock and roll or whatever , and took them further .

    Precisely like so many modern samplists.

    This thread is making me think of the common phrase "I don't like ______, it all sounds the same". Said by many about every genre of music ever. If I'm honest, for me that blank would be filled by modern country music. Same remixed set of chord progressions and same-same vocal style. To my ears.

    There's no doubt people are, essentially, sampling in modern country music. They may not be using a machine to capture and loop chunks of recordings but they're copying all manner of stuff—chord progressions, pick ups, drum beats, vamps, guitar sounds, vocal styles, slang words, harmony structures... All the time.

    That said, there's also no doubt in my mind that I, due to my own musical and cultural history, am simply missing/not understanding a lot of what so many people (millions!) love about it.

    I understand that you're tapping out if this thread but for some reason I still find myself hoping that you'll at least consider the possibility that you have similar biases with regard to electronic sampling and hip hop.

    No -1 . I don't have a bias against sampling - I've already pointed out I like some if the original innovators work in this area , and I have no problem with using short samples if they're either my own , copyright free , or the original creator is happy for me to use his work in one if my own tracks

    As a left leaning Labour voter would I be happy to discover a far right band had grabbed a large chunk of one of my tracks to use in a Tory campaign ? No I bloody wouldn't - regardless if I was being paid or not . A major part of my arguement is that the original artist should have a say over where their music is used and who by .

    @u0421793 said:

    @carol said:
    … Goodbye .
    I'm …
    … completely ignoring what …
    … you're …
    … saying…
    I'm … just …
    … out of …
    … my…
    … thread …
    … Good…
    … Good…
    … bye .
    … bye .

    I see.

    What was that?

    @pichi said:
    Basing your work on someone else's and actually using the work they created in your own are two different things. No intention of being elitist. They're just not equivalent.

    Thank you , you've got the point I was trying to make across much better than I was :))

  • edited June 2016

    I heard a mashup mix that was really great
    It was old d&b mixed with best of the Beatles
    That was fun and creative, I was laughing my ass off.

    And now we can do this without Paul McCartney crying you are ripping me off and you can't publish this. :)
    This is good for the art :)

  • edited June 2016

    @lala said:
    I heard a mashup mix that was really great
    It was old d&b mixed with best of the Beatles
    That was fun and creative, I was laughing my ass off.

    And now we can do this without Paul McCartney crying you are ripping me off and you can't publish this. :)

    Just as well musicians like The Beatles wrote and recorded great music in the first place , otherwise you'd have nothing to rip off , and would end up in a self - sampling loop before disappearing up your own backsides lol

  • edited June 2016

    Yes someone has hit a stone with a stick before
    And Everybody can copy and paste it,
    Just like everybody can learn 3 chords.

    So one of the things is of value and the other isn't,
    because you don't like the method?

  • edited June 2016

    @lala said:

    So one of the things is of value and the other isn't,
    because you don't like the method?

    Yeah , basically . And your point is ?

    p.s. feel free to grab large chunks of Beatles tracks and stick one of those raps that you like over the top , upload it and paste the link on here with your personal contact details , to prove your point that Paul McCartney has no rights over who can use his own music .

  • edited June 2016

    @carol said:

    @lala said:

    So one of the things is of value and the other isn't,
    because you don't like the method?

    Yeah , basically . And your point is ?

    My point is how it was created has nothing to do with the value of the work.

    That's like saying I dislike photography because it's not drawing. :D

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