Can Hip Hop Survive Without Sampling - Coursework Example

Can Hip – Hop Survive Without Sampling Table of Contents ITEM PAGE # Abstract 1 Introduction 3 Fair use, Copyright and the changing face of hip -hop 4 Hip – Hop origins and pioneers 7 How prevalent is sampling 10 Quality versus conformity 12 What is the true hip –hop form 13 Conclusion 13 Bibliography 1 Abstract A new genre of music was introduced in 1973, which did not possess any of the linear progressions which could be found in any of the contemporary music which came before it. This new music could only be likened to the Negro Spirituals, but not in style or lyrics, but in the manner which it was engendered, under duress and oppression. Surely, the conditions which existed in the South Bronx during this period, could be likened to discrimination, racism, marginalization, unemployment, undereducation, and isolation in an urban ghetto, which had been partially stripped of its borough status. This feat was achieved by the construction of the cross Bronx expressway, which enabled displacement and dysfunction, on a masssive ruban renewal scale. The Ghetto which once was, was overnight transformed into an American Beirut. A proliferation of absentee slum landlords, crime, lawlessness, drugs, and the absence of hope, suddenly became the hallmarks of households. In the midst of all of these negativisms, the rest of New York, and the world, were into the disco sound. But the kids of the South Bronx, were into creating a new sound. A sound which brought together a combination of other sounds, and topped off, by the improvised spoken word. The beauty of this technique was that the DJ could incorporate the environment or the personal situation of those in attendance. He could make it real, and personal, and this type of sensitivity, appealed to a people, who appeared to be forgotten, And left to survive on their wits. The hip –hop sound touched the inner being of those who pioneered the sound and perpetuated the cultural art form. Not only did the kids listen to the rythematic beats 2 which were accompanied by profound pronouncements, which summarized their lives or state of being, they became active participants, and contributors. Most music types which have surfaced over time, have taken a piggy back ride from an existing sound. For example, when we extend the blues, we find that all of the boogey woogie professors, had mentors who weaned them on the blues. And these boogey woogey professors, either evolved into the avante garde jazz musician, or was the mentor of many who became same. While the presentation of hip-hop was original, it did not assume a pretentious posture, it positioned itself for the same introduction and presentation, which the many forms of music which came before it had assumed. The terminology and the technique has changed, but the purpose and the utility, remain the same. Sampling, as we know it today, has become an expensive proposition for those seeking to pursue the traditional musical progression technique, and for those who seek to use the work of others to showcase their creativity. Albeit, the creative flow has been interrupted by stop and desist orders, court appearances and law suits, the courts are attempting to establish a standard, which if adhered too by all participants, will continue to enable the cash to flow and the creative process to be maintained. 3 Introduction Can Hip-Hop survive without Sampling? This question only has relevance because the issue of property rights, copyrights and freedom to use, are being challenged by owners of record, and samplers of use. When the hip-hop scene started, it was based on using the music of others, as the background, for the DJ, who incorporated the lyrics, in accordance with the beat or the theme, of the background music. The process commonly known at the time as dubbing, evolved into a revolutionary industry wide phenomenon , which spawned electronic and digital equipment, which would serve first as synthesizers to produce similar sounds of the original, and then the digital (re) productions, which copied the original. The “sound”, could be anything from the sound of the ocean, to the sound of a drum. The purpose for the capture is to augment the lyrics, and add character, which enhances the chances that the piece will receive a positive commercial reception. This piece takes a look back at how, when, and where hip-hop was started, by whom, and the circumstances underwhich it began and thrived. It was not conceived to be a growth industry. It was a local party medium, which has now grown into a 13 billion dollar industry, with international recognition. The mere size of the industry has caused a number of its practices to be challenged and scrutinized, by the mainstream. It is not surprising that sampling is receiving a microscopic analysis, and this author feels that it is a reasonable and just thing to do. If one uses the work, idea, or sound, which has been previously copyrighted by another artist, it is only fair that the originator be compensated. The problem which the courts are presently unable to resolve is, when does an 4 infringement begin. Moreover, how many notes will constitute a copyright infringement. Fair Use, Copyright and the changing face of hip – hop “In the mid to late 1980’s, hip – hop artists had a very small window of opportunity to run wild with the newly emerging sampling technologies before the record labels and lawyers started paying attention. No one took advantage of these technologies more effectively than Public Enemy, who put hundreds of sampled fragments into It Takes a Nation, and stirred them up to create a new, radical sound that changed the way we hear music”(McLeod). “But, by 1991, mo ome paid zero for the records they sampled without getting sued”(McLeod). One of the most significant cases in the annals of jurisprudence pertaining to fair use, is Campbell v. Acuff – Rose Music, Inc., “After years of languishing in the back waters of intellectual property, the fair use doctrine received the spotlight from the Supreme Court in 1994. The lightning rod was 2 Live Crew (no stranger to constitutional controversy) and their alleged parodic use of the “Pretty Woman”song”(Copyright case book). “In truth, in literature, in science and in art, there are, and can be, few, if any, things, which in an abstract sense, are strictly new and original thought. Every book in literature, science and art, borrows, and must necessarily borrow, and use much which was well known and used before”( Emerson v. Davies). “Most importantly, the court went back and gave full weight to each of the individual factors of the fair use test as promulgated in the copyright Act of 1976. Instead of dismissing the Crew’s claim on the basis that they had used the appropriate material 5 for commercial gain, the court liked at the other factors of permissible fair use and determined that parody was indeed protected fair use, even though the perpetrators gained financially”(CC) “Though a copyright owner might prove infringement, a defendant may assert a defence of fair use and avoid liability”(Fair Use). “Congress outlined four factors for courts to consider when a defendant claims a fair use”(FU). Unfortunately, the four factors are illustrative and not exclusive, consequently the court was in effect granted discretion, which usually prompts them to consider other factors when reaching a decision, as a result, there is some confusion on how the law is to apply. Nonetheless, the factors provided for guidance are as follows: (1) The purpose and character of the use, including whether such use is of a commercial nature or is for non-profit, or educational purposes. (2) The nature of the copyrighted work. (3) The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and (4) The effect of the use upon the potential market for or value of the copyrighted work”(Fair Use). “The case of Bridgeport v. Dimension Films, mo.01 – 00412 (2005), involves N.W.A.s song “100 Miles and Runnin” which has two samples from George Clinton Jr. and the Funkadelic song “Get Off Your Ass and Jam”. N.W.A. just took that two second sound clip, lowered the pitch and looped it on their song. Since this was done without getting consent from Bridgeport Music, Dimension films was brought to court because 6 N.W.A.’s song was featured on the soundtrack of one of their movies”(B v. D) “One of the most important issues here would be that of deminimis. It is defined as something so small and insubstantial that it can be over liked, which three notes seemed to be initially. The sixth Circuit ruled that this and substantial similarity should not be factored in when ruling on a sound recording. Since there was no debate about whether or not part of , “Get Off Your Ass and Jam”, was copied, which it was, the court ruled in favor of Bridgeport Music. This ruling ties heavily into the rap industry as deminimis is often relied upon by producers”(B v. D). “While Vanilla Ice should not have been able to get away with using virtually the same song as another group without permission, it was often acceptable to take a small piece of another work and build upon that, this ruling causes the prevention of this in many cases”(B v. D) “Producers would not be able to borrow anything due to deminimis becoming outlawed in a sense for sound recording cases, which is where hop-hop music needs it”(B v.D). “If the law were to continually make rulings that further narrow the range of sampling, those rappers/producers without much money would be scared off because they could not borrow even the tiniest bit from another song, stifling their creativity, due to a ruling against one of the conventions of their genre of music”(B v. D). Also in Grand Upright Music v. Warner Bros. Records, 02 – cv – 01662 RPM 780 F Supp 182 (S.D.N.Y. 1991), we see yet another challenge to the doctrine of fair use: “This case involves Biz Markie’s sampling of Gilbert O’Sullivans’ “Alone Again (Naturally) for a song on Markei’s album I Need a Haircut. Markie, under Warner 7 Bros. records, claimed that his sampling of 3 words and a small portion of O’Sullivans song was fair use because Grand Upright Music did not have a valid copyright of the song. This turned out to be false as it was learned that O’Sullivan had indeed transferred the rights of the song to Grand Upright Music”(GUM v.WBR). “As a result of the court case, the sound of hip – hop music, heavily based upon combinations of various samples from various sources, was forced to change. Each and every sample had to be cleared to avoid legal action. Sample clearance fees prohibited the use of more than one or two samples for most recordings, with some original recording artists requesting up to 100 per cent of the publishing for use of a sample”(GUM v.WBR) Hip – Hop Origins and Pioneers In the late 1960’s, early 1970’s was somewhat of a confusing and just a little bit challenging for those individuals of color, particularly those who were residents of the slums and ghettos of the northeast. The medium of music had long been a venue where African American frustrations were vented. However, during this era, and among this generation, the traditional molds of musical sublimation, had in and of themselves, become inadequate. There was a fermenting frustration with the status –quo, which enabled the segue of, speaking to the moment. The spoken word, which involved mixing political conscious poetry which spawned “alternative hip-hop”, made its debut in 1970, in a presentation by the absolute originators and God fathers of rap, The Last Poets. The music which the Last Poets used on their sound tracks was originally created in the studio. In this writers recollection of 8 the works of the Last Poets, one of the most compelling pieces which the group ever produced, and represents precisely where the genre was focused, is titled, The revolution will not be televised. Unfortunately, the album had an extremely controversial theme and very profound lyrics. It was to say the least, a lighteni9ng rod, which did not receive any mainstream radio air time. However, it was extremely popular among the street and party DJ’s, particularly those in the South Bronx. The South Bronx was an impoverished borough, inhabited by African American and Puerto Ricans. The area was plaqued with gang violence and was virtually isolated from New York City, subsequent to the construction of the (Robert Moses) Cross Bronx Expressway. In 1973 this isolated area whose neighborhoods resembled areas of Beirut, and was infested with all of the ingredients which comprise a slum and ghetto existence; drugs, gang violence, absentee landlords, minimumized police patrols, lawlessness, and high unemployment, it was ironic that in the midst of all these negatives, that the musical cultural art form of hip –hop was being promoted by Clive Campbell, a.k.a. DJ Kool Herc. He is affectionately known as the father of hip – hop, because in spite of all the hopefulness and despair which permeated this isolated environment, Dr. Kool Herc was a master party animal, as he was the first to experiment with break beats, the manipulation of instrumental breaks which were found in old funk, rythym and blues and the sounds from soul tracks. “Hip – Hop was borne on sampling. The popularity of hip –hop spread like wild fire 9 because it appealed to numerous sensibilities of African American society. By the mid-1980’s, rap music was burgeoning and samplers were very inexpensive”(History of Sampling) Albeit the Last Poets were users of original sound tracks, while DJ Kool Herc was a practitioner of dub. In 1974 DJ Kool Herc was beginning to create a following on the Bronx party scene. The hip – hop genre began to take on institutional form when Afrika Banbaataa, which consisted of a number of DJ’s, graffiti artists, and b-boys, whose attempt at providing a definition surrounding the phenomenon described hip – hop as MCing, break dancing, DJing and graffiti art. These defining moments in 1974 were accompanied by the emergence and strong presence of Grandmaster Flash and Grandmaster Caz. “In 1975 Grandmaster Flash galvanized the hip –hop concept when he begins to mix. Also, playing with the needle during breaks led to the accidental invention by DJ Grand wizard Theodore of scratching”(About hip-hop). The isolation of the Bronx, which made hip –hop exclusively borough indigenous, could no longer be contained or restricted, and in 1977, hip – hop takes a sojourn up it nemesis, on the South Bronx Expressway and made stops at each of the remaining four boroughs of the Big Apple. A transformation emerges with the influence of hip – hop touching the lives of more New Yorkers, the emphasis begins to shift from DJing to rapping. “Sylvia Robinson puts together a group known as the Sugar Hill Gang and in 1979 they record the first rap recording. Old masters and pioneers not to be forgotten, the lyrics to the recording titled, “tappers delight”, were phrased by Grandmaster Caz. The 10 first album, featured a sample, taken from the disco act, Chic”.(About Hip –Hop). It is as if the debut year for hip – hop was 1979, as Richard Simmons exhibited his business acumen and negotiating skill by “convincing Mercury Records to sign Curtis Blow in a major label deal”(About hip –hop). It was during this time that hip – hop left the five boroughs of New York and travel south to New Jersey and took up residence on “Mr Magic’s rap attack show on WHBI radio”(AHH). The disco scene was still predominant, but rap was making a firm surge. “Wendy Clarke, A.K.A. Lady B, produced a hip – hop piece which was profoundly hip – hop, but as the title stated, “To the beat Y’all”, peeked the musical interest of the mainstream disco crowd”(AHH). The cross over and the mainstream curiosity was beginning to take hold. However, by the time the mainstream gained full perception of the enormous potential of this genre, the brothers who made the music, also possessed the skill to produce and market their creations. How Prevalent is Sampling According to an article in Time Magazine by Guy Garcia, “The concept dates back to the late 70’s when some enterprising disco deejay played a disembodied bit of an old record over and over again to give it a funky new spin”(Garcia1991). “The concept took a quantum leap when the first electronic samplers were introduced around 1980. Unlike synthesizers which generate tones artificially, samplers record real sounds. Anything audible is eligible; prerecorded music, drum beats, human voices, even ordinary noise like slamming a door. Samplers transform these sounds into digital codes, which in turn can be manipulated to produce melodies, rhythm 11 tracks and complicated webs of sounds”(Garcia 1991). “Sampling enthusiasts range from the funk – and – roll bands. Faith No More and fishbone to the avant-garde gurus David Byrne and Brian Eno. It seems that some artists are particular about where or who the original artist is: Phillip Fisher the drummer for Fishburn says, We use sampling to enhance the integrity of our music,”(Fisher), “but, if we put a collage together, you should give credit to the places you got your pieces from”(Fisher) However, when we view the rap or hip –hop culture, we find a totally different mind set. It appears that few, if any rappers or hip – hop artist who engage in sampling are willing to acknowledge where they have been. Most notably (the late) James Brown (The God father of soul) (once noted), that “ he counted 134 examples of infringement of his recordings”(Garcia 1991). “Vanilla Ice ran into the problem when he was accused of lifting part of the 1981 song Under Pressure, written by David Bowie and Queen, for his No. 1 hit, $ Ice Ice Baby. When Bowie and Queen threatened a law suit, the rapper eventually added them to the composer credits”(Garcia) “The rap group De La Soul was slapped with a $1.7 million suit by the 60’s group the Turtles for using an uncredited bite from their 1969 song, You Showed Me”(History of Sampling). “MC Hammer avoided such problems by sharing credit with Rick James, who wrote Super Freak, before sampling the song for his platinum single, U Can’t Touch This”(History of Sampling). 12 ‘Using prior music to create new music is not a new concept. Each new music era has paid homage to its predecessors by “quoting” the previous era’s musical stylings in its own music”(History of Sampling) Quality versus Conformity When the question is posed to the artists and those who produce rap and hip –hop music, we find among them, an attitude which is traditional and steadfast. The 45 King was queried as to whether he thought sampling was old, stealing, and out of date? He responded thusly; “Some people have success with sampling and some people don’t. It’s easier to sample that old sound than it is to reproduce it”(45 King). “I can’t get a drummer to play the old beats”(45 King). He believes that the equipment and the acoustics which are necessary to produce the old sound no longer exist, and he phrases it thusly: “They can play the patterns but you’re not going to get that old sound because back then, they recorded in rooms with wooden floors, big acoustic rooms, they had old ass big nuemann mics and other elements that made drums tight. If you want that old sound you’re gonna have to sample”(45 King) Amon Tobin has a philosophical assessment of sampling which begs the issue of the need to reinventing the wheel, he states; “I think sampling is really a continuation of the way music has always been made. The way traditional musicians make a melody of their own – they listen to music all their life that influences that. And there’s a certain amount of chords and notes that they have to play with. All you do as a musician is reinterpret various combinations within 13 those perimeters. Which makes it kind of the opposite of plagiarism. Because plagiarism is when you are trying to mimic and call it your own, and sampling is when you’re trying to take the actual thing and turn it into something else. You’re not calling it your own, you’re saying it’s a sample, and that’s exactly what it is”(Tobin) What is the true hip – hop form Early rappers like Grandmaster Flash and the Sugar Hill Gang rapped their rhymes over existing music. As hip – hop evolved, ‘samples became an instrument” to create new sounds. “Sampling is so important. It is the foundation of rap and hip – hop” (Gee) Hi-Tex says, “Samples inspire producers to create a new piece of music. Sometimes they use a sound like a snare or a kick drum that no one else may even notice in a recording. Part of their talent is their ability to find different sounds to sample. Restricting the use of samples is also taking away the fun”(Hi-TeK) While many artists and producers feel that taking away sampling from the hip-hop genre, will be tantamount to taking the sweet out of candy, Damon Dash has yet another perspective: “With all of the bootlegging and piracy that is affecting the industry, it is no surprise that companies are going to court to collect on samples”(Dash). Danon believes that using samples is an art form, and it will now be imperative for producers to setp-up their game of the restrictions are going to dictate industry use. Damon fervently believes that hits can be produced, with or without sampling. Conclusion Hip –hop has obviously gone in a direction and assumed heights which could never 14 have been imagined in 1976 when its pioneers began to dub, scratch and mix, at the house and street parties in the Bronx. Also the roots of hip –hop (sampling) has taken on a life, which is as controversial as the music itself. There is no question that the use of former hits and sounds, add a special flavor, to the lyrics of the rapper. As it has always been one of the conveyors, by which the message of the rapper in delivered, it is expected to always be present. However, on the same note, it is clear that if the rapper elects not to seek clearance for the use of a particular sample, the absence will cause some withdrawal pangs, from the commercial standpoint, but the lyrics will resonate and their profound meaning will always prevail. It should be understood, that no one is speaking of removing sampling, but most artists are saying that they demand their intellectual property rights to be honored, and the courts, which are still not firm on what constitutes a minimum intrusion. It is clearly in the hand of the legal community, to level the playing field. Bibliography About Hip – Hop, The Early Years, retrieved on line on January 31, 2008, from www.pbs.org Bridgeport v. Dimension Films, mo.01-00412, Retrieved on line on January 30 2008, from http://tags.library.upenn.edu Dash, Damon, Sampling Quotes, Retrieved on line on January 29, 2008, from www.samplinglaw.com Emerson v. Davies 8F Cas.615 (no 4,436) CCD MAS 1845, Copy Case book, Retrieved on line on January 30, 2008, from www.benedict.com Fisher, Phillip, Play it again Sampler, Time Magazine interview, Guy Garcia, Monday June 3, 1991,Retrieved on line on January 30, 2008, from www.time.com Garcia, Guy, Play it again sampler, Time magazine, Monday June 3, 1991, Retrieved on line on January 30, 2008, from www.time.com Gee, Shawn, The Art of the Sample, Retrieved on line on January 30, 2008, from www.sixthshot.com Grand Upright Music v. Warner Bros. Records, 02-CV-01662 RPM 780 F Supp 182 (S.D.N.Y. 1991), Retrieved on line on January 30, 2008, from www.samplinglaw.blogspot.com History of Sampling, retrieved on line on January 30, 2008, from www.samplinglaw.com Hi – Tek, Sampling Quotes, Retrieved on line on January 30, 2008, from www.samplinglaw.com McLeod, Kembrew, Stay Free Magazine, June 1, 2004 Tobin, Amon, Sampling quotes, retrieved on line on January 30, 2008, from www.samplinglaw.com 45 King, interview on sampling, retrieved on line on January 30, 2008, from www.superswell.com Read More

And these boogey woogey professors, either evolved into the avante garde jazz musician, or was the mentor of many who became same. While the presentation of hip-hop was original, it did not assume a pretentious posture, it positioned itself for the same introduction and presentation, which the many forms of music which came before it had assumed. The terminology and the technique has changed, but the purpose and the utility, remain the same. Sampling, as we know it today, has become an expensive proposition for those seeking to pursue the traditional musical progression technique, and for those who seek to use the work of others to showcase their creativity.

Albeit, the creative flow has been interrupted by stop and desist orders, court appearances and law suits, the courts are attempting to establish a standard, which if adhered too by all participants, will continue to enable the cash to flow and the creative process to be maintained. 3 Introduction Can Hip-Hop survive without Sampling? This question only has relevance because the issue of property rights, copyrights and freedom to use, are being challenged by owners of record, and samplers of use.

When the hip-hop scene started, it was based on using the music of others, as the background, for the DJ, who incorporated the lyrics, in accordance with the beat or the theme, of the background music. The process commonly known at the time as dubbing, evolved into a revolutionary industry wide phenomenon , which spawned electronic and digital equipment, which would serve first as synthesizers to produce similar sounds of the original, and then the digital (re) productions, which copied the original.

The “sound”, could be anything from the sound of the ocean, to the sound of a drum. The purpose for the capture is to augment the lyrics, and add character, which enhances the chances that the piece will receive a positive commercial reception. This piece takes a look back at how, when, and where hip-hop was started, by whom, and the circumstances underwhich it began and thrived. It was not conceived to be a growth industry. It was a local party medium, which has now grown into a 13 billion dollar industry, with international recognition.

The mere size of the industry has caused a number of its practices to be challenged and scrutinized, by the mainstream. It is not surprising that sampling is receiving a microscopic analysis, and this author feels that it is a reasonable and just thing to do. If one uses the work, idea, or sound, which has been previously copyrighted by another artist, it is only fair that the originator be compensated. The problem which the courts are presently unable to resolve is, when does an 4 infringement begin.

Moreover, how many notes will constitute a copyright infringement. Fair Use, Copyright and the changing face of hip – hop “In the mid to late 1980’s, hip – hop artists had a very small window of opportunity to run wild with the newly emerging sampling technologies before the record labels and lawyers started paying attention. No one took advantage of these technologies more effectively than Public Enemy, who put hundreds of sampled fragments into It Takes a Nation, and stirred them up to create a new, radical sound that changed the way we hear music”(McLeod).

“But, by 1991, mo ome paid zero for the records they sampled without getting sued”(McLeod). One of the most significant cases in the annals of jurisprudence pertaining to fair use, is Campbell v. Acuff – Rose Music, Inc., “After years of languishing in the back waters of intellectual property, the fair use doctrine received the spotlight from the Supreme Court in 1994. The lightning rod was 2 Live Crew (no stranger to constitutional controversy) and their alleged parodic use of the “Pretty Woman”song”(Copyright case book).

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