Previously, we distinguished between the concepts of sampling and interpolation which are creative techniques that music makers use to incorporate someone else’s work into their new productions. Recently, the controversy surrounding Trinidad Killa’s “Eskimo” on the “Big Links Riddim” has highlighted the importance of getting proper clearances. With a surge of artists, producers and managers reaching out to us for guidance, it’s time to break down what it really takes to sample a song legally.
Why Licensing Matters: Respecting Artists and Protecting Yourself
Music is not just creative expression—it contains intellectual property. In this case, it is protected by copyright law, which grants its creator certain rights to protect them and encourage them to continue creating music. When you sample a song, you’re borrowing someone else’s creative work. Therefore, you must obtain the proper licenses for 3 main reasons. These include:
- Respect for Creators: Proper licensing acknowledges the original artist’s work and ensures they receive fair compensation.
- Legal Protection: Obtaining licenses shields you from potential lawsuits and costly legal disputes.
- Creative Freedom: With the right clearances, you can confidently innovate, knowing your work is built on a solid legal foundation.
The Types of Uses and Licenses You Need
In order for you to legally use a sample, you need to understand exactly how you plan on using the existing works in your new work, as well as the type of license that applies based on this use. Additionally, you need to be clear on which person or entity you should approach to obtain clearance. Here is a detailed breakdown:
Lessons from the wider industry
There are several real-world examples in the regional and international music industries that help to demonstrate why proper licensing is essential to music business success. Here are some notable cases from the international and Caribbean music scenes:
International Examples
1. Biz Markie – “Alone Again”
In the early 1990s, rapper Biz Markie faced a landmark lawsuit after using an unlicensed sample in his track. The court ruled against him, setting a precedent that underscored the importance of obtaining clearances for even short samples.
2. The Verve – “Bitter Sweet Symphony”
The British band The Verve famously sampled an orchestral rendition of a Rolling Stones song without obtaining proper clearance. The legal battle that followed resulted in the band losing a significant share of their royalties. This case illustrates how oversights in the clearance process can have lasting financial and creative consequences.
Caribbean Examples
Benjai’s Sample of Ed Watson’s You Gotta Give Way
In 2011, soca artist Benjai and his producers were the focus of intense industry scrutiny when they used an initially unlicensed sample of “You Gotta Give Away” (originally produced by Ed Watson and recorded in 1979 by Singing Diane) in their hit song, Trini.
Trinidad Killa – “Eskimo” on the Big Links Riddim
The recent controversy in Trinidad and Tobago, involving Trinidad Killa’s recording “Eskimo” over the Big Links Riddim without obtaining necessary clearances from Full Blown Entertainment, highlights the unique challenges in the Caribbean music scene. In regions where Riddim culture is prevalent, understanding the licensing nuances is crucial to avoid legal disputes.
Riddim Culture and Multiple Uses
In the Caribbean, a single riddim is often used by multiple artists. A riddim is a type of instrumental backing track upon which multiple artists compose and record their own songs that are inspired by the instrumental. This situation complicates licensing and needs to be regulated through clear agreements among producers, artists and all related parties. Failing to do so can result in disputes over royalties and usage rights—a common issue in the vibrant yet complex Caribbean music industry.
Listen: Multiple songs on the Folklore Riddim (Produced by Advokit Productions and Julian’s Promos)
Common Misconceptions Among Caribbean Musicians
There are several myths about sampling floating around the Caribbean music scene. Let’s debunk a few:
- “A few seconds or ‘bars’ of a sample don’t require clearance.”
Even a short sample can trigger copyright infringement if it is recognisable. This misconception comes from the fair use doctrine, which is covered under copyright law in the United States, but does not necessarily translate to the music industries of the Caribbean. - “I can use any beat or melody as long as I change it slightly.”
When you do this, you are creating an adaptation of a work, or what in the US is called a derivative work. These do not necessarily circumvent copyright laws and clearances are still required. - “Only popular or mainstream artists have to worry about legal issues.”
Copyright laws apply to all artists, regardless of fame. The rights of the original creators must always be respected.
Protecting Yourself and Business: 6 Steps to Legally Clear Your Samples
Navigating the clearance process might seem daunting, but breaking it down into actionable steps can make it more manageable:
- Identify the Source: Determine exactly which parts of the song you want to sample and identify the rights holders—both for the recording and the composition.
- Research Licensing Requirements: Understand which licenses are necessary for your particular use-case. This might mean contacting multiple rights holders.
- Reach Out to Rights Holders: Write a clear and professional inquiry outlining how you plan to use the sample. Also, let the rights owner know how much of the original work you plan to sample. Transparency goes a long way.
- Negotiate Terms: Licensing often involves negotiation. Be prepared to discuss fees, royalty splits, and usage rights.
- Get It in Writing: Always secure written agreements before moving forward with your project. This protects both you and the original creators.
- Consult a Music Attorney: If you’re unsure, professional legal advice can be invaluable. It might seem like an extra expense, but it’s an investment in your creative freedom.
Conclusion: Creativity Meets Compliance
Using the music of others can be a powerful tool for creating innovative music—but it comes with responsibilities. By understanding the manner in which you want to use the work of others, honouring the importance of proper licensing and learning from past cases both internationally and in the Caribbean, you can ensure that your creative endeavours are both legally sound and respectful of the original artists’ contributions.
SIGN UP-FREE ONLINE COURSE: Make Music, Make Money—Secrets to Building a Profitable Music Business
Now that you know the ins and outs of royalties, it is time to grab my free course to help you identify and maximise the revenues that you can generate with your music. In this training, you will:
- Explore how copyright law protects you and allows you to earn various types of royalties
- Compare the key revenue streams in the music industries
- Assess the core pitfalls that prevent you from making money from your music
- Craft your future money-making strategies and success plan
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