@@hOurTyMeIsNow He didn't say all that lol, he just said his _sample packs_ are -safe.- correction: _Nothing_ is "safe." These identification bots are wildin' 😒
Ant nothing full proof but when you keep creating with trusted people u can trust your content is safe for others to use. I heard the Creator of Omnisphere & Nexus speak on people sampling their Sounds from the vsts and reselling and using them and they said to put Legal action on people would be pointless cause they are asking us to use their vsts and sounds and to take us to court would be a waste of time and would make no sense but technically it breaks content copyright rules.
What if you replay the sample yourself, and then chop and flip it like you would have done with a master sample? You’d have a different tone and it should be harder to say for sure it was sampled from that song, or maybe I’m just thinking out loud.
Being an old school, late 80s DJ...sampling was LIFE. It was the ultimate tribute to the original song. It was part of what made rap music so FUN. Rap was beats, scratching, beat boxing, rhyming, and SAMPLING. It was a core element of the art. I would love to make an album chock full of samples. Eventually people will just make the music they want to make by going underground.
The Beastie Boys and the Dust Brothers did almost that with Paul’s Boutique. That album is said to be 95% samples, and I think they had to pay out sums of money for it
Dr. Dre and Puff Daddy wouldn't Exist Period! HIPHOP would Not Exist... The World is crazy without Sampling... I like what James Brown told NORE... he said "Sample my Sh*#!", I get paid of it. That helps Music to last. Wait How many Times has the Color Red been used in Painting!!! Thank GOD we can still paint with almost any color!!!
well it start in 1970s where black youth in 1970s give their rap to music that all ready recorded. It something you only get away with in that situation because the DJ had the rights to play the music.
Thanks for clarifying this troubling issue Homie. I guess I’ll just continue to be the underground copyright criminal I’ve always been. Sampling and mixing/scratchin vinyl is the sonic foundation of our culture and will never be abandoned by the diehard Heads. Even if we end up just making it for ourselves. Yes yes Y’all! And it don’t stop!🔥🔊🔥 Peace to all the crate diggas with dusty fingas. Keep on.
Shout out to Portishead, the GOATS. For their self titled album they wrote a completely separate album, pressed it to vinyl, wore the vinyl out to age it, then sampled it for parts of the actual album. Literally sampled themselves.
That’s hella genius,I woulda never thought to do that. That’s a ton of work just to get a sound or song but if it made money and get major recognition then it was worth it.
Keep sampling!!!! keep breathing new life into these forgotten songs!!!!! keep bringing back these forgotten artists!!!!! keep the music alive!!!! obviously the suits and the execs dont care about creativity. they cant stop the bum rush!!!!! if they let modern artist actually make things they enjoy making, maybe they will garner the respect the artists and execs before them. of course, i know the main goal was to make money back then, but look at how much great and iconic music we used to get. look at how potent and stacked the genres were. it was grand and we enjoyed it as the listener and as inspired artists.
You have been a digital mentor for me since 2013. I love sampling but I started playing in bands before I started making beats so I prefer to play my own compositons. I stumbled upon making my own samples by mistake as I was writing beats the way you write songs for bands and they just didn't work out. After watching a video where you broke down how to make beats with space for the vocalist I found myself chopping up my original attempts. I swear man you do justice to the community. you taught me to think outside the box and have given me the ability to create and work from an informed point of view. From how to shop beats to how to interact with other producers and industry you have my my adventures in LA fruitful much love and keep dropping knowledge on us thank you Pain
Bro I think I’ve been watching his stuff since 2010. I learned the basics of recording with his Acid Pro tutorials and now I’ve recorded and produced some of the dopest tracks I’d ever dreamed I could, my audio production is amazing because of him
This is what I don't get. At the bottom of one of the top comments from someone saying they studied intellectual property law is a painfully long essay I wrote to someone who claims sampling is "stealing", but I'm someone who plays instruments and samples, and I can easily say the transformation process is what makes it much different. To summarize, it's like making a collage, you put in work to make your own piece with its own meaning, but the medium you use happens to use previous creations from other people. Debating about permission is another conversation, saying it's "effortless" or insinuating that it's like taking a painting and saying you made it is another.
Wish this would have happened long ago because I love hiphop but it's gotten so bad with samples that there's no new generation of skilled musicians that really play and now everyone sounds the same because music is just being resample SMH ...so I'm all for this new tech right now as long as they get the bugs out first
Definitely a convo that continously needs to be had and you my G are at the forefront in my opinion of keeping the community properly educated! Salute!
I sample all the time, but if tomorrow we could never sample again I wouldn't lose any sleep over it. Learning how to write and arrange a song from scratch is a priceless skill set.
in theory. but in practice, a lot of people are just putting music together like it's lego these days. Most of my music is made with vsti, but i get people ask me what samples i use or where i get loops from because they just assume that's how music is made now.
Great video, thanks for explaining this issue so well. I've been involved in a lot of recording contracts over the years, I'm a vocalist with a decent mid-teir-level following but spend a lot of time hidden as an annonymous ghost-producer on this account to avoid the drama...but because I'm deep into the producer side of the music realm, I often find myself explaining this very issue to A LOT of other producers and artists and having to tip-toe around it myself. I can speak from experience that you are spot on in your perspective here. And things are only going to get worse, with the removal of human interpretation, enter A.I. and sync tech to replace. IMO, the safest bet is just to approach the creation of music with a clean slate and open mind, whildst making your best attempt to be as original as possible each time you create. Honestly, the software and hardware these days is so advanced, that one can make insanely dynamic loops for themselves, that could suffice as a sample-level composition. Thanks for another great vid Pain.
I’ve worked as a signed artist the last decade (out of contract last month). Every word this man says on copyright, labels, recoupment etc is spot on. I never worked with samples, outside of royalty free stuff like sound effects, sample based virtual instruments: the safe stuff. Now I make samples for people. Having to clear samples is a losing game, sadly.
It's funny how DJ's can play out any track they want in the club and make their entire living off of other peoples music. But when someone actually does something interesting and creative using someones pre-existing music, then the sample police come out in full force
@@geraldfirme1213 For original samples, that are not "Sampled" they should ISRC them and they should be registering them so that every time the song gets played, they get paid. As well as at every show they do they can get almost a dollar each song of their own that they perform. If they do 30 seconds of vocals or more they get congressional statutory rate.
If you don't live in the same country as the copyright holder and you're selling hard copies of the music (under 10,000 units) and you keep it off of streaming services, don't shoot a music video for your song, then they will not even bother with you. The lawyer fees to chase you down will be a bad return on investment for them. There are still way too many loopholes for these record labels to go after you and the number of beatmakers using samples far outnumber them. Chasing mice in a mouse infested house is a futile unless you burn the whole house (industry) down... which they don't want to do. If you're looking to sell 100,000 copies and be on the radar, then you shouldn't sample. But if you're just doing it as a hobby and making some money along the way, give these labels the middle finger and keep moving on. Aside from that, you could always hire real musicians as it's cheaper to do than to clear a sample. But if you don't intend to make any real money (over 50k) then just sample it.
Thank you so much for educating people on this man you a real one fr. Too many people out here thinking they slick and it's usually the people that are trying to do things right that pay the price for it.
@@bigpapawavy Damn, you've successfully managed to describe the biggest problem in this world today in one sentence. Results over morals. Funniest thing is it's always people with this mindset who complain the hardest when it's time to pay the price for their actions. This is the same exact mindset that makes all these females start an only fans account these days. "Idgaf i'm getting paid right?". Nahh fam, trust me you'll regret it one day, especially if you make a conscious choice to do so.
@@Spacetradr morals lol you do realize morals are different person to person and area by area. You are the type to complain, not me. Im the type of person to make the best out of my situation while youre the type to complain that somebody did you wrong because they dont believe in what you believe in like a baby. And then you started talking about females and onlyfans on a music post. Thats how I know you look for shit to complain about. Have fun
This indeed is frightening. If content id gets hit on these short things, what happens to any kind of electronic instrument, many of these use samples to generate the sound...
Those sounds are royalty free and in the public domain, you need to learn the difference. The same with copyright vs publishing and what is known as adaptation.
@@tylon2999you guys are missing the point. Of those samples are royalty free....... As of now. The point he is making is that now they have a way to source and find the exact sample you used and where it came from. It had to be royalty free, how else could they identify the track especially if I format it different times and change the name file and file type. Now they have a full blown way to detect any sample they need regardless.
Yeah man, BIG, ALL-DAY type ups for this type of content. Explained but not OVER-explained... and my dude is RIGHT on the money with this stuff. I went through a little Arts & Tech school 2 year program that taught me a TON about recording, back in the 2000s before EVERYBODY did it from home.. but some of the best classes we had there? Record Label Operations sec I and II were taught by one of the partners of the Police's manager. He would tell us crazy shit about being on tour in the 80s.. but even then he was telling us "sampling, if I teach you nothing else, I need to teach NOT to screw yourself over if you choose to do it!" Same as you, he didn't tell us don't, but don't get it twisted there's no 'sample safe' minimum amount of something you can use, I don't care what anyone tells you! And everyone out there- tell your people too! Put em on to the video, but educate your friends! Sampled? Clear it. Re-recorded? Not mechanical, it's called a "SYNC LICENSE" and you need to... you guessed it: Clear it!
You're not anti sampling bro you're just spreading the knowledge about sampling and the business side of it. Me personally I would use tracklib to clear the samples that I use or I would just use one shots from sample packs and just make my own melodies off it.
15:48 That reminds me when people thought DJ MUGGS used horse sample from "Good Guys Only Win in the Movies'' by Mel and Tim in Cypress Hill's 'Insane in the brain' song but DJ MUGGS refuted that sample. He said it's just high pitched blues guitar runned through guitar AMPs but he also admitted that horse sample sounds almost same. Crazy
A mechanical license is "compulsory" meaning the original writer cannot "opt out" or prevent you from doing a cover. Now as far as. a "derivative" work... I'm not sure about that, I believe you may need a license... and replaying a sample may fall into a derivative work since it's not a straight cover. But in general, as long as a song has been previously published you are free to do a cover of the song (not using samples but replaying everything) as long as you pay mechanical royalties which is a 'statutory" rate set by Congress.
Sampling will never go away. People as always will just find new and creative ways to get around the politics and bs. Even before sampling there was "oh it sounds just like" but just in a different key, arrangement or drum pattern,
Great channel! Thanks. 30 years ago I had an album accepted by Capitol. A Korg sound designer heard part of it through my A&R guy and said I used one of his unreleased sounds for the M1. Korg sent him to my studio to confirm it was his. Now, I composed, arranged and played along with my band, the album using no Korg devices. He actually came to my studio and went home with egg on his face. Was a weird experience. These days I use almost exclusively (like then) my own composed beats and samples but it sounds like I may still have to prove my originality someday if I quit just doing music as a hobby.
And this is exactly why i stopped sampling a while ago. I get the point was to educate & not scare people away from sampling but, since i know how to play some instruments i decided this was a headache i didn’t want to deal with. Now i just sample myself lol.
I feel you. And that's good. The even more concerning issue for those like you is when something you create & play is deemed by a well-financed copyright owner to be their work and part of their "proof" is a musicologist & sample detecting software. How? - let's say a guitar riff u played is vaguely similar to 1 of their song ...which uv never heard. Or the tone of the guitar is very similar even tho only 1 pitch is the same. Imo that's the craziest & most concerning part of this video.
FYI In the UK there is a 3rd copyright too, as we pay the performers on the recording separately. So we receive mechanical/recording , publishing/ composition , AND performance (confusingly the same name) royalties. If you ever wondered why American artists don't get paid for radio play or Facebook / Instagram plays when UK artists do this is one of the reasons.
Another well explained video delving into the world of why I don't buy sample packs or try to sell my own samples. The internet is loaded with lawsuits waiting to happen lol. I do enjoy your breakdowns of how the business works. Great video as always brother! Cheers 🔥👊🧡👍🔥
@15:35 terrifying to some degree... but it can only recognize / locate what is entered into the Google or whatever program that's running's sound match database. to this day my library I use has not found it's way online.. all either live stuff sampled or from very obscure vinyl releases. I don't put it online either.. I don't even share my song.. but I did for a small period in the early 2000s. it's all physical media I share.
My only concern is the misidentifying of a track thinking it's a sample from a song. This sample detection software might not be flawless. The days of being secretive about a sample is over 😂
Sampling music is paying homage to artist. I give people their flowers through my beats. I’ve sent them to many known artists and got nothing but love. I appreciate the knowledge behind sampling bro, because it is important to know the law behind it. But it’s therapeutic for me. #HandsDown
An extremely comprehensive and balanced guide to sampling, replaying samples, publishing clearance. Your real-world scenarios are golden. Thank you! SCORCCiO Replays + Clearances
I got into making beats because of sample producers, I had to relearn beat making without it, it's easy sometimes but overall always feels like something is missing
This is why i been telling artists for 8 years now to stop using loops and samples PERIOD. Theres a learning curve that u haven’t even introduced yourself to yet and u can easily fall 10yrs behind by not understanding music theory and instrumentation.
@@josephschmizzo1595 this is the key to this problem. Become a musician and you’ll never want to sample again. I love this new AI technology, this is a sign that organic music made from the heart will flourishing again when people start making original music again, while also paying the artists who were not paid from people who sampled their music without paying.
@@eternal5024 You’re 1000% correct, oddly the YT producer community hates being told to learn how to “make” music so don’t mention the forbidden phrase “music theory” or the word “instrument” on any of these channels unless u wna b attacked by hundreds of 15 yr olds in tye dye hoodies. Theres also about to be huge lawsuits that are gna shake up the music world and one of them is George Clinton who’s owed billions by labels.
@@eternal5024 the reason why past music was rich is because the projects were created by a group of musicians.... Nowadays it's about individuality... How can I get more money from my art , These systems are not created to push people to become creative... They're created to milk the musicians.... Being able to make music from scratch is helpful to a producer/artist that I agree
Its crazy to me that as many times as you talk about this people still respond with "thats why i dont sample" as if they didnt hear cleared samples, original works,licenesed samples etc still get falsely flagged
yeah. but if something is falsely flagged, you can potentially prove it. if something is flagged correctly you have no choice but to go with it. i had a thing on youtube flagged because it said the copyright was owned.... by me. and facebook tried to take down a video of something i was working on until i appealed it. a big part of why i've mostly moved away from samples (i still use breakbeats if i make jungle, or heavily bitcrushed ones-which i can gaurantee that can't be recognised even digitally if i make powernoise. and i do use film samples a lot still) is because i'd rather make my own stuff than go through the legalities of samples, and absolutely can't afford to pay for samples when i'm only making pennies in downloads anyway.
@@DJPain1Sorry, I meant I liked your example of re-recording a sample and paying to license the composition. I know I have to pay, but I would rather my money go to the artists wherever possible. Great video, btw. Very clear and informative.
thank you very much for this information it makes sense when you break down the fact these samples contains various instruments played by various musicians on top of the major label owning the masters
3:26 and this ruins it for EVERYONE. I made a sample that Dillygotitbumpin used this week and an artist left a comment asking if they would have clearance issues if they leased the beat... I shouldn't be penalized by shady business practices of other producers and the consumer shouldn't have to second guess everything just because my work sounds authentic.
Thanks man, I've been freestyling for 8 years, and writing raps for 5, I just started taking things seriously, built a producing studio and have been writting raps heavily, and will be starting an independent career, all of these licensing implications and legal details of the industry I have a feeling will save my ass down the road. As it stands, using samples for promotional drivers seams like still a good idea, but for mixtapes it seams that legal ownership is the golden path to actually getting paid for your shit and not ripped off like every other schmuck that gets conned by the industry goons lol.
Also I think if it's possible we could go back to selling out of the trunks of our cars like the 90's except this time it won't be CD's it could be jump drives or San disk😅😅😂😂
I generally don't use samples outside of my Mellotron Micro (which, in the manual, made it VERY clear that there were non-audible fingerprints on every sample which identified who bought the actual mellotron; registration is required)
@@crnkmnky that is roughly my understanding? My impression is that it is to prevent people simply resampling the instrument after purchase and selling the sample packs. Sounds lovely ultimately, but it's maybe a point of contention for others who go to use the instrument.
I always say the Mellotron (or Mellotron sounds found in plugins) is perfect for Hip Hop composers who would rather play their own compositions but still have that sampled sound and feel they're looking for.
Regardless of the intention, this shit is discouraging as it is informative. What I love most about sampling is the cultural aesthetic. Sure it helps to enrich my sound, since I'm not a formally trained musician, but I have no problem creating my own compositions. But I really love reworking an old record from another genre to make it hip-hop, that's the foundation. That's what I fell in love with. And that's whether it's slapping more drums on a dope break loop, or doing more creative chopping/rearranging. But we all wanna get paid of course, and who really wants to deal with all this bullshit? 🙄
I agree for the most part, but sampling isn't the foundation. Friends, My Adidas, Its Yours etc were all sample free early hip hop classics. Its a huge part but great hip hop can be made without it
@Team YDK Rapper's Delight is the first commercially released Hip Hop record, and The Breaks by Curtis Blow also pre dates those records you mentioned. Both of those are straight looped samples of disco records.
How is it that mid journey, for example gets to steal “samples” from millions of visual artists, but for musician it’s gettin harder and harder? I believe that a lawsuit needs to take place where this comparison is fairly tackled
Pain, i’m still really hoping to hear your 2 cents on tracklib. Unfortunately i definitely have some unreleased beats that will require a lot of legwork if i want to release it but many i’m building are around tracklib samples. Saving money to pay the fees oh them a few at a time and launch my beatstars.
One of the famous samples of a sample is the Mortal Kombat part played at sporting events. The original beat was Twilight Zone by 2 Unlimited which also sounds like Control for Traci Lords produced by Juno Reactor.
I released a album over ten years ago full of uncleared samples, which just blew up over the pandemic. isn't there a statue of limitations on making a copyright claim or am I screwed?
Disney keeps getting Congress to extend copyright, so they can hold onto their 🐭 Mouse. So, no. Anyway, if your infringing product is still being distributed, they should still have a case against you. *but I Am Not A Lawyer…*
@@sontwisted I've been looking into this and your right if you sampled a song owned in the USA, but it's different in other countries. if the sample is owed in the UK you only have six years from the date I released my song to claim against me.
It's times like this, I feel glad and blessed that I learned music theory before I learnt the tech. I don't ever need no samples and now i'm extra glad about that fact. Thanks for the Video DJ Pain 1!
@@dailyitesbeats2015 I studied it it’s based on classical music aka European symphony 😂 I see you have no real rebuttal 🤔 why was it a white person who taught me that then ?
@@CITYOFSHOOTERS rebuttle? What were you accusing me of? I mean wasn’t Mozart black? Anyway I stand by what I said mate. I can make melodies and I know theory well enough I don’t need to rely on samples and that is good for me, especially based on the info in this video. ✌🏽
I'm pretty sure Pain sampled that Willie Hutch song wayyyyy before Tracklib was a thought. But yeah, I would like to hear people's whole process on tracklib from sampling to clearing.
At any moment that we feel hip-hop is dead, we are in the era of now that we can type in our favorite artist of the time that hip hop was alive and revisit that moment. For me it's artist like 2Pac, Nas, Jay-Z , and Fabolous certain songs give me chill bumps when I hear it. No artist today gives me that yet.
No artist can give you that feeling. Old people have different brain chemistry than teenagers. The other day, I heard about an artist called BKtheRula. She sounded like angry hot garbage to me. But the kids in the comments were praising the "trendsetting artistry" and life-changing music. 🤷🏿♀️
@@josephschmizzo1595 Can you really blame people who was trying to engage in a culture when they were young and impressionable? Almost Like telling someone dont be a part of gang culture but when they were growing up the gang was the only one looking out for that person that even their parents neglected. It is hard, I am sure you are aware hence why you are saying what you say lol I dont think Pain is flip flopping. He never switched his stance. Which is BECAREFUL when sampling. He ALWAYS said this for years.
@@Statuslock no…he switched his stance, im the one who had the extensive back and forth w him in regard to this topic…i had the conversation lol not you. He was wrong, its cool, he can move on but a fact is a fact.
I'm super happy this has been addressed, if you are not the creator/publishing owner you have absolutely no right to take it from someone and use it for your own purpose that's straight stealing
i don't think it's so clear cut. if you play a traditional instrument then the sound of that instrument is as much about who crafted that instrument. i have a guzheng. if someone sampled chops of me playing guzheng and used it, i wouldn't consider it theft. if someone took a loop of me playing it, i wouldn't consider it theft (allthough i'd like to be credited). but if someone took a whole track and rereleased it, that would of course be theft. if someone uses a synth with preset sounds, could they be considered to be sampling or stealing from casio/yamaha/etc? so again if someone just takes a couple of chops from someone playing it, it's barely taking anything from that artist. it's not taking composition from the artist. the sound is something created by the synth manufacturers, not the performer being sampled (of course in legal terms it is stealing from the owner of the recording. but i'm talking about the real bricks and mortar of what is being taken). but again - if you use their riff then it's taking their composition. and of course you can't rip off a whole song. the legal side of it for practicality has to make absolute rules that are clear cut. but in terms of artistry or morality it's a very different thing. and music always should be more about art and morality than legality.
@@haruyasumi616 it's not the presets on a Yamaha keyboard that are copyrighted it's whoever arranged and produced the composition piece that makes the song music production that is copyrighted
Sounds even worse. Because the next meta for copystriking past even hip hop is the george harrison standard. But youtubes entire content ID history I heard has been a minefield of false and legit strikes for even non sampled material. I wonder how this detection works on vsts like addictive drums or even other ai like emergent drums. Because a person could still create funky chords and riffs themselves, but synthesizer drum synthesis....kinda tough to make funky drums completely from synth presets and patches.
@@liquidmetalslime9 his solo record "My Sweet Lord." He got sued for unconscious unintentional copyright infringement for the notation being similar to The Chiffons "He's so fine." ruclips.net/video/1klQUpgGP8o/видео.html ruclips.net/video/1klQUpgGP8o/видео.html
one of the "decades later catalog infringement" cases that I think of around sampling is the 1979 "Land Down Under" Men At Work usage of a children's song melody (Kookaburra Sits In The Old Gum Tree) from 1934 for the famous flute part where some investment firm bought the copyright of the childrens song 30 years after the song was a hit, to go after the band for money and won 5% of royalties in 2010, with retroactive royalties dating back to 2002. Copyright is a beast in all genres for sure. Appreciate the break down on the Willie Hutch stuff, and the Statik replay situation too!
7:34 comment explain,, EMJSay a loan you can spend. The +4k to the account is a running tab that is a spot from them, that starts above zero...Ernie Moore Jr Like a rebate looks like they are showing you money it is showing and not giving...you buy to get the rebate thinking you are paying less all-in-all. But you could Not qualify for the rebate and the full purchase price is u refundable so it just looks nice...-Ernie Moore Jr. Seems this account he is talking about --Copyright account is a check against cost (EMJsay)-- if your work is used and clears it gains. If there is issue and cost to use that the company pays the minus is added and they use it to count against paying you when the product is not sufficient to bring in money over the deficits of its copyright infringements.-Ernie Moore Jr
Good thing I learned to make my own samples because something told me that they would start to crack down on samples. To be quite frank I think sampling in this day and age can be a bit lazy and doesn't sound like my material so I'd rather just make my own melodies anyway
@@josephschmizzo1595'Just placing drums over everything' lol. That is not what Hi Tek, Dilla, Preem, RJD2 or any of the great sample based beat makers do lol. Good sample based beats require more creativity than writing from scratch does.. more hurdles to work around, less to do it with, yet they're making masterpieces. Your comment let's me know that you're not skilled enough to understand what they do and how it is skilled
I was literally THINKING about if I could get away with a cover song in a streamed movie then this popped up in auto play. It answered my question but I never searched for this video. Was merely thinking about it.
This is a prime example of how intellectual property is suppressing creativity. With the current state of affairs, the powers that be are trying to make it impossible to sample. Think about what that means for an industry that has largely been kept afloat, by the very same genre, they are attempting to eliminate. Clearances have the ability to shut down an entire song, whether it be beforehand, or after the fact. If it becomes impossible to obtain clearances, that is a lot of music not being made. What are they going to do next, outlaw samplers? I'll take it a step further; What happens when they decide to pull every song that has ever been sampled, and completely restructure copyright law with A.I? All it takes is legislation. We are definitely in need of a producer's lobbying group. By the time we organized one, it will be too late...
This is how intellectual property protects creators of a music composition. Only in music do people think it’s should be legal to profit from someone else’s work.
@@eternal5024 True, but borrowing riffs has always been part of the evolution and sharing of music. The business becomes more litigious every year. Lawsuits and song detection technologies are restraining the natural interchange between musicians, even if sampling is completely off of the table. These tools seem to protect those who can _afford_ to wield them.
hip hop has been transgressive from the go. just as you're not supposed to do graffiti on people's properties, you're not supposed to sample other people's music. i get where you're coming from but I hope people who are 25 and under won't be discouraged by this.
@@DJPain1 I'm not saying you're discouraging anyone, i just hope younger people don't get discouraged by the current state of things. as for the grafitti thing, I wasn't implying you're not a real hip hop head lol I just used it to solidify my statement about hip-hop being transgressive from the start.
@@victormartins7867 I didn't think you were implying anything, I'm just agreeing with the spirit of your comment and wanted to plant myself firmly on that side of the debate
Nothing has changed bro it’s just that hiphop used to not be purely about making money so ppl didn’t care what sample they used. Now we care cuz we’ve seen how much money people lost from sampling
The modern concept of copyright needs to be completely scrapped. Just because someone used two seconds of your voice in an otherwise completely original piece of music does not mean that they stole your work. This is insanity. Same thing goes for youtube and their ridiculous policies.
I love sampling, I grew up sampling vinyl & using the mpc back in the day... but I also challenge myself to compose from scratch ... To the point now where I can sample my own compositions, chop it, pitch it, manipulate it however I want and make it sound like it was something I sampled from an old vinyl
Funny anecdote related to the sample issue: When I switched from making sampling based beats to using expanded Romplers the problem turned out to remain: I spotted the drums of „I'm So Glad You're Mine“ (Al Green) on the SRX-08 Platinum Tracks board. I was familiar with that samples so I was not at the risk of using them. But how could I be sure these one were exceptions no this board? I eben wondered if people were aware of all that stuff by Zero-G and the likes contains tons of copyrighted material.
What makes me wonder is that we hear music all the time from a child to an adult and we keep hearing melodys and rhythm all the time and it stays in our mind..now when you create music in the business you can play a melody that comes to your mind and no matter what we create it can be from an influence of an old song and it can be challenged … It makes me wonder that all this song recognition is ruining the freedom of enjoyment to create music
Someday music won't be able to create cuz it will have all been done...how the fuck they gona say well this person used a Aminor pentonic scale here...so now anyone else that does is now infringing...that's extreme af
I totally agree. I can't make the bass tracks like bass Cube beat dominator Old School Bass music remember. So I make my other style which is movie based more like Vangelis Hans Zimmer or Danny Elfman
Gr8 overview Dj Pain…… what do y’all think about Software like Rip X , a serious sound mangler….. the fact that we are using devices that are oversampling for playback, sonically and visually is ironic. Let’s remember to keep creative, the record industry doesn’t own the entity that is music. If I sample music at a music concert on my digital device, that becomes my ownership of the recording of the event. If I make a sine wave out of a section it and make an 808 style kick sample of the new sine wave, or even a guitar lick one note , what you gonna do. Let’s keep creative, still being inspired by what we love, being aware of legally respecting another artist work with out being dictated to, and not be greedy especially if it’s an obvious sample… we can’t be being sheisty to the artist we are sampling , like the record business is to a lot of artists, by cutting them out the deal, Even if like CL Smooth said “ better than the original, who first made it “
Also, composition copyrigth is split 50/50, unless one person made the melody and the lyrics. So technically you get 3 copyrights for most songs (25% lyrics, 25% music, 50% master recording). Yep, anyone who owns the master file get 50% authors rights even if you did nothing other than pressing a rec button, or, stay at a side on a sofa inspiring people by your presence (I'm not going yo name any names but you get my drift)
![Seungmin "그렇게, 천천히, 우리(As we are)" | [Stray Kids : SKZ-PLAYER]](http://i.ytimg.com/vi/kAzmhLHePqU/mqdefault.jpg)
My samples are all original:
djpain1beats.com/sound-kits/soulful-samples-high-society-138290
So you own all your samples? Therefore KEEP buying Pain beats to be safe ? Lol. I always will, but this re-assures me 🤗
@@hOurTyMeIsNow He didn't say all that lol, he just said his _sample packs_ are -safe.-
correction: _Nothing_ is "safe." These identification bots are wildin' 😒
Ant nothing full proof but when you keep creating with trusted people u can trust your content is safe for others to use. I heard the Creator of Omnisphere & Nexus speak on people sampling their Sounds from the vsts and reselling and using them and they said to put Legal action on people would be pointless cause they are asking us to use their vsts and sounds and to take us to court would be a waste of time and would make no sense but technically it breaks content copyright rules.
What if you replay the sample yourself, and then chop and flip it like you would have done with a master sample? You’d have a different tone and it should be harder to say for sure it was sampled from that song, or maybe I’m just thinking out loud.
Pain are you still on the sample lab
Being an old school, late 80s DJ...sampling was LIFE. It was the ultimate tribute to the original song. It was part of what made rap music so FUN. Rap was beats, scratching, beat boxing, rhyming, and SAMPLING. It was a core element of the art. I would love to make an album chock full of samples. Eventually people will just make the music they want to make by going underground.
The Beastie Boys and the Dust Brothers did almost that with Paul’s Boutique. That album is said to be 95% samples, and I think they had to pay out sums of money for it
Dr. Dre and Puff Daddy wouldn't Exist Period! HIPHOP would Not Exist... The World is crazy without Sampling... I like what James Brown told NORE... he said "Sample my Sh*#!", I get paid of it. That helps Music to last. Wait How many Times has the Color Red been used in Painting!!! Thank GOD we can still paint with almost any color!!!
well it start in 1970s where black youth in 1970s give their rap to music that all ready recorded. It something you only get away with in that situation because the DJ had the rights to play the music.
Thanks for clarifying this troubling issue Homie.
I guess I’ll just continue to be the underground copyright criminal I’ve always been.
Sampling and mixing/scratchin vinyl is the sonic foundation of our culture and will never be abandoned by the diehard Heads. Even if we end up just making it for ourselves.
Yes yes Y’all!
And it don’t stop!🔥🔊🔥
Peace to all the crate diggas with dusty fingas. Keep on.
Exactly.. Make it for ourselves, *voilà*
We take those hits as we make those hits
I’ll be sampling till I’m 90…they can come sue me for my walker.
We all making the good shit for our own satisfaction these days. Nothing to stop a DJ using them for ill live sets.
I blend music at home, but thank you for info
Shout out to Portishead, the GOATS. For their self titled album they wrote a completely separate album, pressed it to vinyl, wore the vinyl out to age it, then sampled it for parts of the actual album. Literally sampled themselves.
That's genius & creative as fuck lol
They did sample a group though, I have a record they took something from
That’s hella genius,I woulda never thought to do that. That’s a ton of work just to get a sound or song but if it made money and get major recognition then it was worth it.
@@MitchWise86 they took bits from Isaac Hayes
They did use some old jazz samples through out their album though but the bulk of it was from them.
Keep sampling!!!! keep breathing new life into these forgotten songs!!!!! keep bringing back these forgotten artists!!!!! keep the music alive!!!! obviously the suits and the execs dont care about creativity. they cant stop the bum rush!!!!! if they let modern artist actually make things they enjoy making, maybe they will garner the respect the artists and execs before them. of course, i know the main goal was to make money back then, but look at how much great and iconic music we used to get. look at how potent and stacked the genres were. it was grand and we enjoyed it as the listener and as inspired artists.
👀 tbh the only safe spot is SoundCloud I feel like
You have been a digital mentor for me since 2013. I love sampling but I started playing in bands before I started making beats so I prefer to play my own compositons. I stumbled upon making my own samples by mistake as I was writing beats the way you write songs for bands and they just didn't work out. After watching a video where you broke down how to make beats with space for the vocalist I found myself chopping up my original attempts. I swear man you do justice to the community. you taught me to think outside the box and have given me the ability to create and work from an informed point of view. From how to shop beats to how to interact with other producers and industry you have my my adventures in LA fruitful much love and keep dropping knowledge on us thank you Pain
Bro I think I’ve been watching his stuff since 2010. I learned the basics of recording with his Acid Pro tutorials and now I’ve recorded and produced some of the dopest tracks I’d ever dreamed I could, my audio production is amazing because of him
This is what I don't get. At the bottom of one of the top comments from someone saying they studied intellectual property law is a painfully long essay I wrote to someone who claims sampling is "stealing", but I'm someone who plays instruments and samples, and I can easily say the transformation process is what makes it much different. To summarize, it's like making a collage, you put in work to make your own piece with its own meaning, but the medium you use happens to use previous creations from other people. Debating about permission is another conversation, saying it's "effortless" or insinuating that it's like taking a painting and saying you made it is another.
Ignorance is so loud and entertaining. We appreciate you Pain... you're doing us a huge service by spreading knowledge.
Much Love G
Thank you 🙏🏽
This breakdown is gold. More people need to hear the business side of making music.
Thanks for watching
Wish this would have happened long ago because I love hiphop but it's gotten so bad with samples that there's no new generation of skilled musicians that really play and now everyone sounds the same because music is just being resample SMH
...so I'm all for this new tech right now as long as they get the bugs out first
sure it only stops us from making music at all because if you know the law then you know that making music is legally impossible..
Weaponizing against artists never ends.
Definitely a convo that continously needs to be had and you my G are at the forefront in my opinion of keeping the community properly educated! Salute!
Thank you
I sample all the time, but if tomorrow we could never sample again I wouldn't lose any sleep over it. Learning how to write and arrange a song from scratch is a priceless skill set.
That's something you need to know before sampling...
@@theredhall-thisisfootball its something you need to know to sample properly.
Problem is writing from scratch and then it ends up sounding exactly like something that's already released
flood them with sampledelia...on the way down low..
in theory.
but in practice, a lot of people are just putting music together like it's lego these days. Most of my music is made with vsti, but i get people ask me what samples i use or where i get loops from because they just assume that's how music is made now.
Great video, thanks for explaining this issue so well. I've been involved in a lot of recording contracts over the years, I'm a vocalist with a decent mid-teir-level following but spend a lot of time hidden as an annonymous ghost-producer on this account to avoid the drama...but because I'm deep into the producer side of the music realm, I often find myself explaining this very issue to A LOT of other producers and artists and having to tip-toe around it myself. I can speak from experience that you are spot on in your perspective here. And things are only going to get worse, with the removal of human interpretation, enter A.I. and sync tech to replace.
IMO, the safest bet is just to approach the creation of music with a clean slate and open mind, whildst making your best attempt to be as original as possible each time you create. Honestly, the software and hardware these days is so advanced, that one can make insanely dynamic loops for themselves, that could suffice as a sample-level composition. Thanks for another great vid Pain.
I’ve worked as a signed artist the last decade (out of contract last month). Every word this man says on copyright, labels, recoupment etc is spot on. I never worked with samples, outside of royalty free stuff like sound effects, sample based virtual instruments: the safe stuff. Now I make samples for people. Having to clear samples is a losing game, sadly.
It's funny how DJ's can play out any track they want in the club and make their entire living off of other peoples music. But when someone actually does something interesting and creative using someones pre-existing music, then the sample police come out in full force
Clubs are supposed to pay out performance royalties to the PROs, so same rules apply
They are supposed for buy bulk license CD’s they are 100$ for 10 songs
@@KCBeck,
Can you send the reference or link for information purposes? Thank you
@@geraldfirme1213 For original samples, that are not "Sampled" they should ISRC them and they should be registering them so that every time the song gets played, they get paid. As well as at every show they do they can get almost a dollar each song of their own that they perform. If they do 30 seconds of vocals or more they get congressional statutory rate.
If you don't live in the same country as the copyright holder and you're selling hard copies
of the music (under 10,000 units) and you keep it off of streaming services, don't shoot a
music video for your song, then they will not even bother with you. The lawyer fees to chase
you down will be a bad return on investment for them.
There are still way too many loopholes for these record labels to go after you and the number
of beatmakers using samples far outnumber them. Chasing mice in a mouse infested house
is a futile unless you burn the whole house (industry) down... which they don't want to do.
If you're looking to sell 100,000 copies and be on the radar, then you shouldn't sample.
But if you're just doing it as a hobby and making some money along the way, give these
labels the middle finger and keep moving on.
Aside from that, you could always hire real musicians as it's cheaper to do than to clear
a sample. But if you don't intend to make any real money (over 50k) then just sample it.
we should ALL keep sampling and post it constantly, overwhelm the system
THIS
hehe overwhelm their bank accounts
Thank you so much for educating people on this man you a real one fr. Too many people out here thinking they slick and it's usually the people that are trying to do things right that pay the price for it.
I appreciate that!
Tbh you can’t do things the “right way” you gotta do what gets you the best results.
@@bigpapawavy Damn, you've successfully managed to describe the biggest problem in this world today in one sentence. Results over morals. Funniest thing is it's always people with this mindset who complain the hardest when it's time to pay the price for their actions. This is the same exact mindset that makes all these females start an only fans account these days. "Idgaf i'm getting paid right?". Nahh fam, trust me you'll regret it one day, especially if you make a conscious choice to do so.
@@Spacetradr morals lol you do realize morals are different person to person and area by area. You are the type to complain, not me. Im the type of person to make the best out of my situation while youre the type to complain that somebody did you wrong because they dont believe in what you believe in like a baby. And then you started talking about females and onlyfans on a music post. Thats how I know you look for shit to complain about. Have fun
This indeed is frightening. If content id gets hit on these short things, what happens to any kind of electronic instrument, many of these use samples to generate the sound...
exactly
FACTS
Those sounds are royalty free and in the public domain, you need to learn the difference. The same with copyright vs publishing and what is known as adaptation.
From what I understand presets patches etc. are royalty free.
@@tylon2999you guys are missing the point. Of those samples are royalty free....... As of now. The point he is making is that now they have a way to source and find the exact sample you used and where it came from.
It had to be royalty free, how else could they identify the track especially if I format it different times and change the name file and file type.
Now they have a full blown way to detect any sample they need regardless.
Time for all producers and musicians to come together.
Musicians union when?
Yeah man, BIG, ALL-DAY type ups for this type of content. Explained but not OVER-explained... and my dude is RIGHT on the money with this stuff. I went through a little Arts & Tech school 2 year program that taught me a TON about recording, back in the 2000s before EVERYBODY did it from home.. but some of the best classes we had there? Record Label Operations sec I and II were taught by one of the partners of the Police's manager. He would tell us crazy shit about being on tour in the 80s.. but even then he was telling us "sampling, if I teach you nothing else, I need to teach NOT to screw yourself over if you choose to do it!" Same as you, he didn't tell us don't, but don't get it twisted there's no 'sample safe' minimum amount of something you can use, I don't care what anyone tells you! And everyone out there- tell your people too! Put em on to the video, but educate your friends!
Sampled? Clear it. Re-recorded? Not mechanical, it's called a "SYNC LICENSE" and you need to... you guessed it: Clear it!
You're not anti sampling bro you're just spreading the knowledge about sampling and the business side of it. Me personally I would use tracklib to clear the samples that I use or I would just use one shots from sample packs and just make my own melodies off it.
Priceless info mate thank you, sorry you’re going through it! ☹️
I'm not stopping!
Your comments seem informational, sincere, and objective barring experience. Good guy.-Ernie Moore Jr
15:48 That reminds me when people thought DJ MUGGS used horse sample from "Good Guys Only Win in the Movies'' by Mel and Tim in Cypress Hill's 'Insane in the brain' song but DJ MUGGS refuted that sample. He said it's just high pitched blues guitar runned through guitar AMPs but he also admitted that horse sample sounds almost same. Crazy
Interesting
A mechanical license is "compulsory" meaning the original writer cannot "opt out" or prevent you from doing a cover. Now as far as. a "derivative" work... I'm not sure about that, I believe you may need a license... and replaying a sample may fall into a derivative work since it's not a straight cover. But in general, as long as a song has been previously published you are free to do a cover of the song (not using samples but replaying everything) as long as you pay mechanical royalties which is a 'statutory" rate set by Congress.
It’s not a cover if you replay a sample. I’ve done it plenty of times. I have a current hit that’s an interpolation and it had to get cleared.
@DJPain1 Got it, thanks for the clarification. 👍
Sampling will never go away. People as always will just find new and creative ways to get around the politics and bs. Even before sampling there was "oh it sounds just like" but just in a different key, arrangement or drum pattern,
Great channel! Thanks. 30 years ago I had an album accepted by Capitol. A Korg sound designer heard part of it through my A&R guy and said I used one of his unreleased sounds for the M1. Korg sent him to my studio to confirm it was his. Now, I composed, arranged and played along with my band, the album using no Korg devices. He actually came to my studio and went home with egg on his face. Was a weird experience. These days I use almost exclusively (like then) my own composed beats and samples but it sounds like I may still have to prove my originality someday if I quit just doing music as a hobby.
And this is exactly why i stopped sampling a while ago. I get the point was to educate & not scare people away from sampling but, since i know how to play some instruments i decided this was a headache i didn’t want to deal with. Now i just sample myself lol.
I feel you. And that's good. The even more concerning issue for those like you is when something you create & play is deemed by a well-financed copyright owner to be their work and part of their "proof" is a musicologist & sample detecting software. How? - let's say a guitar riff u played is vaguely similar to 1 of their song ...which uv never heard. Or the tone of the guitar is very similar even tho only 1 pitch is the same. Imo that's the craziest & most concerning part of this video.
Not even royalty free splice shit?
FYI In the UK there is a 3rd copyright too, as we pay the performers on the recording separately. So we receive mechanical/recording , publishing/ composition , AND performance (confusingly the same name) royalties.
If you ever wondered why American artists don't get paid for radio play or Facebook / Instagram plays when UK artists do this is one of the reasons.
Another well explained video delving into the world of why I don't buy sample packs or try to sell my own samples. The internet is loaded with lawsuits waiting to happen lol. I do enjoy your breakdowns of how the business works. Great video as always brother! Cheers 🔥👊🧡👍🔥
Thank you. Thesamplelab is legitimate and there are many other sites that aren’t full of dangerous content.
@@DJPain1 💯% good to know 🤘
@@DJPain1 Tracklib is another one
@15:35 terrifying to some degree... but it can only recognize / locate what is entered into the Google or whatever program that's running's sound match database. to this day my library I use has not found it's way online.. all either live stuff sampled or from very obscure vinyl releases. I don't put it online either.. I don't even share my song.. but I did for a small period in the early 2000s. it's all physical media I share.
My only concern is the misidentifying of a track thinking it's a sample from a song. This sample detection software might not be flawless. The days of being secretive about a sample is over 😂
No technology is flawless, but their mistakes have consequences for all of us
Great information bruh, I didn’t know some of these things and the other 1/2 is frightening af
Sampling music is paying homage to artist. I give people their flowers through my beats. I’ve sent them to many known artists and got nothing but love. I appreciate the knowledge behind sampling bro, because it is important to know the law behind it. But it’s therapeutic for me. #HandsDown
Facts
An extremely comprehensive and balanced guide to sampling, replaying samples, publishing clearance. Your real-world scenarios are golden. Thank you! SCORCCiO Replays + Clearances
I got into making beats because of sample producers, I had to relearn beat making without it, it's easy sometimes but overall always feels like something is missing
I know what you mean, I felt that way for years
This is why i been telling artists for 8 years now to stop using loops and samples PERIOD.
Theres a learning curve that u haven’t even introduced yourself to yet and u can easily fall 10yrs behind by not understanding music theory and instrumentation.
@@josephschmizzo1595 this is the key to this problem. Become a musician and you’ll never want to sample again. I love this new AI technology, this is a sign that organic music made from the heart will flourishing again when people start making original music again, while also paying the artists who were not paid from people who sampled their music without paying.
@@eternal5024 You’re 1000% correct, oddly the YT producer community hates being told to learn how to “make” music so don’t mention the forbidden phrase “music theory” or the word “instrument” on any of these channels unless u wna b attacked by hundreds of 15 yr olds in tye dye hoodies.
Theres also about to be huge lawsuits that are gna shake up the music world and one of them is George Clinton who’s owed billions by labels.
@@eternal5024 the reason why past music was rich is because the projects were created by a group of musicians.... Nowadays it's about individuality... How can I get more money from my art , These systems are not created to push people to become creative... They're created to milk the musicians.... Being able to make music from scratch is helpful to a producer/artist that I agree
That's why Ruff Ryders used to hire me. To create samples that sound like the original but are different compositionally.
Its crazy to me that as many times as you talk about this people still respond with "thats why i dont sample" as if they didnt hear cleared samples, original works,licenesed samples etc still get falsely flagged
It’s so boring
its no use trying to talk to them types. they deny the facts even if it laid out clearly.
yeah. but if something is falsely flagged, you can potentially prove it. if something is flagged correctly you have no choice but to go with it.
i had a thing on youtube flagged because it said the copyright was owned.... by me.
and facebook tried to take down a video of something i was working on until i appealed it.
a big part of why i've mostly moved away from samples (i still use breakbeats if i make jungle, or heavily bitcrushed ones-which i can gaurantee that can't be recognised even digitally if i make powernoise. and i do use film samples a lot still) is because i'd rather make my own stuff than go through the legalities of samples, and absolutely can't afford to pay for samples when i'm only making pennies in downloads anyway.
@@haruyasumi616 no you cant always prove it and what does that have to do with what i said anyway
I would much rather pay the creators of music than a label.
Doesn’t work that way
@@DJPain1Sorry, I meant I liked your example of re-recording a sample and paying to license the composition. I know I have to pay, but I would rather my money go to the artists wherever possible.
Great video, btw. Very clear and informative.
Always appreciate these vids Pain! The chain lookin clean too 💎💎💎
Appreciate that
ALWAYS SHAZAM LOOPS
thank you very much for this information it makes sense when you break down the fact these samples contains various instruments played by various musicians on top of the major label owning the masters
3:26 and this ruins it for EVERYONE. I made a sample that Dillygotitbumpin used this week and an artist left a comment asking if they would have clearance issues if they leased the beat... I shouldn't be penalized by shady business practices of other producers and the consumer shouldn't have to second guess everything just because my work sounds authentic.
Yeah 🤦🏽
Love the chart vus sometimes I still get a lil lost on the details of everything.
hey, pain. can I make short clips of this and upload them as shorts?
Yes but please share them with me
Thanks man, I've been freestyling for 8 years, and writing raps for 5, I just started taking things seriously, built a producing studio and have been writting raps heavily, and will be starting an independent career, all of these licensing implications and legal details of the industry I have a feeling will save my ass down the road. As it stands, using samples for promotional drivers seams like still a good idea, but for mixtapes it seams that legal ownership is the golden path to actually getting paid for your shit and not ripped off like every other schmuck that gets conned by the industry goons lol.
Also I think if it's possible we could go back to selling out of the trunks of our cars like the 90's except this time it won't be CD's it could be jump drives or San disk😅😅😂😂
Thanks, Pain! I’ll keep this in mind when I get back to making music! Appreciate the knowledge base you share with your audience! ✊🏾
I generally don't use samples outside of my Mellotron Micro (which, in the manual, made it VERY clear that there were non-audible fingerprints on every sample which identified who bought the actual mellotron; registration is required)
"non-audible" 🤨 I hope it's not embedding proprietary metadata in your art after you already paid them…
@@crnkmnky that is roughly my understanding? My impression is that it is to prevent people simply resampling the instrument after purchase and selling the sample packs.
Sounds lovely ultimately, but it's maybe a point of contention for others who go to use the instrument.
I always say the Mellotron (or Mellotron sounds found in plugins) is perfect for Hip Hop composers who would rather play their own compositions but still have that sampled sound and feel they're looking for.
Excellent work in explaining a complex situation. Thanks much!
Glad it was helpful!
Regardless of the intention, this shit is discouraging as it is informative. What I love most about sampling is the cultural aesthetic. Sure it helps to enrich my sound, since I'm not a formally trained musician, but I have no problem creating my own compositions. But I really love reworking an old record from another genre to make it hip-hop, that's the foundation. That's what I fell in love with. And that's whether it's slapping more drums on a dope break loop, or doing more creative chopping/rearranging. But we all wanna get paid of course, and who really wants to deal with all this bullshit? 🙄
I agree for the most part, but sampling isn't the foundation. Friends, My Adidas, Its Yours etc were all sample free early hip hop classics. Its a huge part but great hip hop can be made without it
@Team YDK Rapper's Delight is the first commercially released Hip Hop record, and The Breaks by Curtis Blow also pre dates those records you mentioned. Both of those are straight looped samples of disco records.
you directing me to dj pasta, as a big daft punk fan, has made this one of the rarest moments on youtube for me being absolutely amazed.
waw
How is it that mid journey, for example gets to steal “samples” from millions of visual artists, but for musician it’s gettin harder and harder? I believe that a lawsuit needs to take place where this comparison is fairly tackled
The laws haven’t caught up with the technology. Watch, it’s coming.
Stability AI is already being sued…
This could actually be exciting for the underground music movement. Give us a real reason to have to dig again.
Pain, i’m still really hoping to hear your 2 cents on tracklib. Unfortunately i definitely have some unreleased beats that will require a lot of legwork if i want to release it but many i’m building are around tracklib samples. Saving money to pay the fees oh them a few at a time and launch my beatstars.
Please watch my interview with the owners of Tracklib.
One of the famous samples of a sample is the Mortal Kombat part played at sporting events. The original beat was Twilight Zone by 2 Unlimited which also sounds like Control for Traci Lords produced by Juno Reactor.
I released a album over ten years ago full of uncleared samples, which just blew up over the pandemic. isn't there a statue of limitations on making a copyright claim or am I screwed?
Disney keeps getting Congress to extend copyright, so they can hold onto their 🐭 Mouse. So, no.
Anyway, if your infringing product is still being distributed, they should still have a case against you.
*but I Am Not A Lawyer…*
Ur screwed bro
3 years from discovery of the violation so no your not safe
@@sontwisted I've been looking into this and your right if you sampled a song owned in the USA, but it's different in other countries. if the sample is owed in the UK you only have six years from the date I released my song to claim against me.
@@uzi_Justice is it a uk sample?
It's times like this, I feel glad and blessed that I learned music theory before I learnt the tech. I don't ever need no samples and now i'm extra glad about that fact. Thanks for the Video DJ Pain 1!
Music theory is not actual music theory but rather old Eurocentric standards but theory of music as we know it today
@@CITYOFSHOOTERS lol thats normally what ppl who dont know music theory say.
@@dailyitesbeats2015 I studied it it’s based on classical music aka European symphony 😂 I see you have no real rebuttal 🤔 why was it a white person who taught me that then ?
@@CITYOFSHOOTERS rebuttle? What were you accusing me of? I mean wasn’t Mozart black? Anyway I stand by what I said mate. I can make melodies and I know theory well enough I don’t need to rely on samples and that is good for me, especially based on the info in this video. ✌🏽
I see u flossin w ur new 💎 chain P 🔥🔥🔥🔥🔥
I really like how it looks
Hey pain that was so good info you shared thanks. Keep sharing that knowlege bro...
Always
Tracklib clearance not enough?
I'm pretty sure Pain sampled that Willie Hutch song wayyyyy before Tracklib was a thought. But yeah, I would like to hear people's whole process on tracklib from sampling to clearing.
Tracklib exists so that you don't have to go through the headache of sample clearance.
I go to tracklib then am save
Willie hutch’s catalog is on tracklib?
It doesnt solve anything
Tracklib is the way to go. There clearance fees are affordable and super easy to fill out the paperwork.
Sample recreation is a niche I'm glad to fill. 😂
True
At any moment that we feel hip-hop is dead, we are in the era of now that we can type in our favorite artist of the time that hip hop was alive and revisit that moment. For me it's artist like 2Pac, Nas, Jay-Z , and Fabolous certain songs give me chill bumps when I hear it. No artist today gives me that yet.
No artist can give you that feeling. Old people have different brain chemistry than teenagers.
The other day, I heard about an artist called BKtheRula. She sounded like angry hot garbage to me. But the kids in the comments were praising the "trendsetting artistry" and life-changing music. 🤷🏿♀️
For me, Hiphop is bigger than rap, and that’s why I think the culture has really mostly died. Everybody looks at Hiphop as rap 😞
It’s crazy that you ALWAYS show receipts and people STILL try to discredit your knowledge of the business.
Some people actually hate me so much they’ll shoot themselves in the foot to spite me
Hes done a complete flip flop on this issue though….
It was obvious that everybody should have stopped sampling like a decade ago.
@@josephschmizzo1595 Can you really blame people who was trying to engage in a culture when they were young and impressionable? Almost Like telling someone dont be a part of gang culture but when they were growing up the gang was the only one looking out for that person that even their parents neglected. It is hard, I am sure you are aware hence why you are saying what you say lol
I dont think Pain is flip flopping. He never switched his stance. Which is BECAREFUL when sampling. He ALWAYS said this for years.
@@Statuslock no…he switched his stance, im the one who had the extensive back and forth w him in regard to this topic…i had the conversation lol not you.
He was wrong, its cool, he can move on but a fact is a fact.
@@josephschmizzo1595 What stance did he switch?
I'm super happy this has been addressed, if you are not the creator/publishing owner you have absolutely no right to take it from someone and use it for your own purpose that's straight stealing
i don't think it's so clear cut.
if you play a traditional instrument then the sound of that instrument is as much about who crafted that instrument. i have a guzheng. if someone sampled chops of me playing guzheng and used it, i wouldn't consider it theft. if someone took a loop of me playing it, i wouldn't consider it theft (allthough i'd like to be credited). but if someone took a whole track and rereleased it, that would of course be theft.
if someone uses a synth with preset sounds, could they be considered to be sampling or stealing from casio/yamaha/etc? so again if someone just takes a couple of chops from someone playing it, it's barely taking anything from that artist. it's not taking composition from the artist. the sound is something created by the synth manufacturers, not the performer being sampled (of course in legal terms it is stealing from the owner of the recording. but i'm talking about the real bricks and mortar of what is being taken). but again - if you use their riff then it's taking their composition. and of course you can't rip off a whole song.
the legal side of it for practicality has to make absolute rules that are clear cut.
but in terms of artistry or morality it's a very different thing.
and music always should be more about art and morality than legality.
@@haruyasumi616 it's not the presets on a Yamaha keyboard that are copyrighted it's whoever arranged and produced the composition piece that makes the song music production that is copyrighted
Sounds even worse. Because the next meta for copystriking past even hip hop is the george harrison standard. But youtubes entire content ID history I heard has been a minefield of false and legit strikes for even non sampled material.
I wonder how this detection works on vsts like addictive drums or even other ai like emergent drums.
Because a person could still create funky chords and riffs themselves, but synthesizer drum synthesis....kinda tough to make funky drums completely from synth presets and patches.
Yeah exactly, that’s why it’s so terrifying
What is the George Harrison standard, what did he do? I'm not familiar. Did he do something crazy with copyright after he left the Beatles?
@@liquidmetalslime9 his solo record "My Sweet Lord." He got sued for unconscious unintentional copyright infringement for the notation being similar to The Chiffons "He's so fine."
ruclips.net/video/1klQUpgGP8o/видео.html
ruclips.net/video/1klQUpgGP8o/видео.html
Thorough and VERY insightful! Thanks!!!
Glad it was helpful!
Wow this sampling issue has really advanced and seems to be continuing to be a serious problem for non instrument producers
Plenty producers who are musically inclined sample.
Its not a sampling issue its a content id issue
@Sontwisted my bad, bro. that's what I meant to say, sampling content issue
one of the "decades later catalog infringement" cases that I think of around sampling is the 1979 "Land Down Under" Men At Work usage of a children's song melody (Kookaburra Sits In The Old Gum Tree) from 1934 for the famous flute part where some investment firm bought the copyright of the childrens song 30 years after the song was a hit, to go after the band for money and won 5% of royalties in 2010, with retroactive royalties dating back to 2002. Copyright is a beast in all genres for sure. Appreciate the break down on the Willie Hutch stuff, and the Statik replay situation too!
Drake samples the shit out (not just sample but copy word for word) of everyone's music and doesn't get in trouble for any of it.
Drake can afford to pay first, instead of waiting for a lawsuit?
There are sample clearance agents on drake's speed dial. Don't compare.
He had to pay Rappin 4Tay for this very thing. So he has gotten in trouble for it. Who else has taken him to court for this?
Bro...is drake...he's basically a billionaire at this point, he can afford it.
He’s a multi millionaire huge artist who has sample clearers at dispense. That’s like comparing a pebble to everest
Can a music producer steal or reuse his own loops he used in other commercial projects before ???
AI ruining art related jobs speedrun
7:34 comment explain,, EMJSay a loan you can spend. The +4k to the account is a running tab that is a spot from them, that starts above zero...Ernie Moore Jr
Like a rebate looks like they are showing you money it is showing and not giving...you buy to get the rebate thinking you are paying less all-in-all. But you could Not qualify for the rebate and the full purchase price is u refundable so it just looks nice...-Ernie Moore Jr.
Seems this account he is talking about --Copyright account is a check against cost (EMJsay)-- if your work is used and clears it gains. If there is issue and cost to use that the company pays the minus is added and they use it to count against paying you when the product is not sufficient to bring in money over the deficits of its copyright infringements.-Ernie Moore Jr
Good thing I learned to make my own samples because something told me that they would start to crack down on samples. To be quite frank I think sampling in this day and age can be a bit lazy and doesn't sound like my material so I'd rather just make my own melodies anyway
Yup, the days of calling urself a “producer” or a “musician” when all u can do is loop samples and place drums to them is over…
@Joseph Schmizzo I liked to consider them just beat makers lol💀💀💀
@@prod.bykhanjii2636 true 😂
@@josephschmizzo1595'Just placing drums over everything' lol.
That is not what Hi Tek, Dilla, Preem, RJD2 or any of the great sample based beat makers do lol. Good sample based beats require more creativity than writing from scratch does.. more hurdles to work around, less to do it with, yet they're making masterpieces. Your comment let's me know that you're not skilled enough to understand what they do and how it is skilled
@@UncleBenjs 👍🏾
I was literally THINKING about if I could get away with a cover song in a streamed movie then this popped up in auto play. It answered my question but I never searched for this video. Was merely thinking about it.
This is a prime example of how intellectual property is suppressing creativity. With the current state of affairs, the powers that be are trying to make it impossible to sample. Think about what that means for an industry that has largely been kept afloat, by the very same genre, they are attempting to eliminate.
Clearances have the ability to shut down an entire song, whether it be beforehand, or after the fact. If it becomes impossible to obtain clearances, that is a lot of music not being made. What are they going to do next, outlaw samplers?
I'll take it a step further; What happens when they decide to pull every song that has ever been sampled, and completely restructure copyright law with A.I? All it takes is legislation.
We are definitely in need of a producer's lobbying group. By the time we organized one, it will be too late...
The people lobbying against our interests are multi-billionaires
@@DJPain1 Facts. We are completely outmatched, in that regard.
This is how intellectual property protects creators of a music composition. Only in music do people think it’s should be legal to profit from someone else’s work.
@@eternal5024 True, but borrowing riffs has always been part of the evolution and sharing of music.
The business becomes more litigious every year. Lawsuits and song detection technologies are restraining the natural interchange between musicians, even if sampling is completely off of the table. These tools seem to protect those who can _afford_ to wield them.
What does this have to do with the video
This is really good insight. Not many people are informing the masses about this.
It’s not a sexy topic
hip hop has been transgressive from the go. just as you're not supposed to do graffiti on people's properties, you're not supposed to sample other people's music. i get where you're coming from but I hope people who are 25 and under won't be discouraged by this.
Who is discouraging anybody? And I’ve been arrested for graffiti almost as many times as I’ve filled out a sample/session form.
@@DJPain1 I'm not saying you're discouraging anyone, i just hope younger people don't get discouraged by the current state of things. as for the grafitti thing, I wasn't implying you're not a real hip hop head lol I just used it to solidify my statement about hip-hop being transgressive from the start.
@@victormartins7867 I didn't think you were implying anything, I'm just agreeing with the spirit of your comment and wanted to plant myself firmly on that side of the debate
@@DJPain1 my bad, text is tricky cause intentions are up to interpretation. appreciate your work.
I just discovered this channel bro. Gratefully Subscribed
Hip hop is dead. It's safe to say it now.
In what sense?
But the death of dj’ing, graffiti, breaking, Kay slay dying and the culture allowing Neo nazi rappers into the space didn’t do it?
Anyone that says this wasn’t living it to begin with. Nonsense!
Nothing has changed bro it’s just that hiphop used to not be purely about making money so ppl didn’t care what sample they used. Now we care cuz we’ve seen how much money people lost from sampling
@@DJPain1 graf still alive and well sir
I need to watch more of these videos .
The modern concept of copyright needs to be completely scrapped. Just because someone used two seconds of your voice in an otherwise completely original piece of music does not mean that they stole your work. This is insanity. Same thing goes for youtube and their ridiculous policies.
Good to know and I'm still sampling.Real Hip Hop till the day I die, word to God Father Don!
I love sampling, I grew up sampling vinyl & using the mpc back in the day... but I also challenge myself to compose from scratch ... To the point now where I can sample my own compositions, chop it, pitch it, manipulate it however I want and make it sound like it was something I sampled from an old vinyl
Funny anecdote related to the sample issue: When I switched from making sampling based beats to using expanded Romplers the problem turned out to remain: I spotted the drums of „I'm So Glad You're Mine“ (Al Green) on the SRX-08 Platinum Tracks board. I was familiar with that samples so I was not at the risk of using them. But how could I be sure these one were exceptions no this board? I eben wondered if people were aware of all that stuff by Zero-G and the likes contains tons of copyrighted material.
What makes me wonder is that we hear music all the time from a child to an adult and we keep hearing melodys and rhythm all the time and it stays in our mind..now when you create music in the business you can play a melody that comes to your mind and no matter what we create it can be from an influence of an old song and it can be challenged …
It makes me wonder that all this song recognition is ruining the freedom of enjoyment to create music
Someday music won't be able to create cuz it will have all been done...how the fuck they gona say well this person used a Aminor pentonic scale here...so now anyone else that does is now infringing...that's extreme af
Subbed after watching a 2nd video. Great content dude!
Thank you for the wisdom!!
Anytime
I totally agree. I can't make the bass tracks like bass Cube beat dominator Old School Bass music remember. So I make my other style which is movie based more like Vangelis Hans Zimmer or Danny Elfman
Bro bro! YOU are so absolutely correct! It's Amazing that a million+ viewers that are "ARTISTS/PRODUCERS" in the business
have not seen this!?🤔
Imagine if the music industry had copyright complaints on all the “amen break” samples lol
thank for all this info!!
This video is a must watch for music producers.
Gr8 overview Dj Pain…… what do y’all think about Software like Rip X , a serious sound mangler….. the fact that we are using devices that are oversampling for playback, sonically and visually is ironic. Let’s remember to keep creative, the record industry doesn’t own the entity that is music. If I sample music at a music concert on my digital device, that becomes my ownership of the recording of the event. If I make a sine wave out of a section it and make an 808 style kick sample of the new sine wave, or even a guitar lick one note , what you gonna do. Let’s keep creative, still being inspired by what we love, being aware of legally respecting another artist work with out being dictated to, and not be greedy especially if it’s an obvious sample… we can’t be being sheisty to the artist we are sampling , like the record business is to a lot of artists, by cutting them out the deal, Even if like CL Smooth said “ better than the original, who first made it “
I wanted to start sampling obscure rock music into beats so ty for your insight
interpolation or "covers" are a lot easier to clear than a full on sample. you just have to do the paperwork right.
in theory they should be
Well damn explained good sir! Pain Chain looking smooth 💯💪🏾
Thank you 🙏🏽
Also, composition copyrigth is split 50/50, unless one person made the melody and the lyrics. So technically you get 3 copyrights for most songs (25% lyrics, 25% music, 50% master recording). Yep, anyone who owns the master file get 50% authors rights even if you did nothing other than pressing a rec button, or, stay at a side on a sofa inspiring people by your presence (I'm not going yo name any names but you get my drift)