The Sept. 7th ruling by a panel of the 6th U.S. Circuit Court of Appeals stated that sampling recordings without permission of the person who owns the copyright to the recording is in violation of the law, no matter how short or unrecognizable the sample. Though the ruling was intended to clear up the copyright status of digital "sampling," it has many people fearing it could spell the end of hip hop music as we know it. No longer will artists like Public Enemy, Beastie Boys or De La Soul be able to create the sonic collages using multiple layers of samples that marked the glory days of rap music (the early ‘90s).
While earlier decisions have tackled the copyright implications of sampling, they dealt solely with copyrights to the song itself (often held by a songwriter or music publisher), not the incarnation of a song in a particular recording (often held by a performer or recording company). So whereas before, you could sample a one-note horn stab from a song, but not the entire melody, now you cannot sample even the tiniest element of a song without facing prosecution.
Additionally, the Recording Industry Association of America has been blaming sampling, file trading and music piracy on the recent slump in CD sales. Despite a recent announcement from the International Federation of the Phonographic Industry (IFPI) that U.S. music sales, which are about 40% of world music volume, grew 3.9% in the first half of 2004, vs. a 12% drop during the period last year, the RIAA still claims that the music business is being killed by piracy and that artists are losing money from unlicensed sampling. In fact, they just sued another 762 music file traders in their ongoing efforts to squash the cyber rush for free music.
We spoke with rap vet Cyco of Southern California group Insane Poetry, one of the originators of the hard, horror-core sound popularized by the likes of Gravediggaz and Insane Clown Posse, about the issue of sampling in hip hop. Check out what he has to say.
Do you think the court decision making ALL samples illegal without permission will hurt hip hop?
Cyco: Yes, it hurts hip-hop cuz that is the very essence of the art form. It’s different when you blatantly jack a song, but a music loop or three-second loop is not jacking, especially when its chopped up.
Will this ruling make it impossible or too expensive to make musical collage albums like Public Enemy and De La Soul used to back in the day?
Cyco: Depending on if the artist can get the permission to use the samples to make a collage CD like PE, De La or Insane Poetry.
Do you try to clear every sample you wanna use or just wait till someone comes after you?
Cyco: Most rappers I know just wait till someone comes after them.
If you don't sample, then where do you get your beats? Do you play an instrument?
Cyco: I get beats either from a drum machine or off of the Reason 2.5 program.
Have you been sampled without permission? If so, did it bother you?
Cyco: I have sampled and, no, it never bothered me, but back then it wasn't an issue.
Do you think this an attack against rap, or will they go after rock guys too?
Cyco: There always is gonna be an attack against rap. It doesn't take a rocket scientist to know why.
Will this mark the end of hip hop or is it just another hurdle rappers have to get over?
Cyco: For that old New York hip hop sound, it does ring a death knell, but rappers will get around it.
Do you think that music piracy and online file sharing is hurting the music business?
Cyco: The problem is that so many artists now make albums with only one or two good songs on them, so of course they are scared of downloading and file sharing. Once you hear that once decent single, there’s no reason to buy the whole record, ‘cause it sucks. Hopefully, if you are making quality records, people might share or download one song, like it, and go buy the album to support the artist. So in some ways, it’s another form of promotion. Is it hurting the music industry? Well, it ain’t hurting me!
So should people be able to get free music on the net?
Cyco: I'm not sure. I'm a bit torn on the subject.
To learn more about Cyco and Insane Poetry, cruise over to www.insanepoetry.com and www.grimrealityentertainment.com. Insane Poetry’s next album, Fallen From Grace, will be out later this year. A mixtape CD of freestyles unreleased material is on it’s way too.
