{{short description|Reuse of sound recording in another recording}} {{Use dmy dates|date=December 2015}} [[File:DJ Premier Digging33.jpg|thumb|[[DJ Premier]] selecting records to sample]] In [[sound]] and [[music]], '''sampling''' is the reuse of a portion (or '''sample''') of a [[sound recording]] in another recording. Samples may comprise elements such as rhythm, melody, speech, or sound effects. A sample might comprise only a fragment of sound, or a longer portion of music, such as a drum beat or melody. Samples are often layered, [[Equalization (audio)|equalized]], sped up or slowed down, repitched, [[Loop (music)|looped]], or otherwise manipulated. They are usually integrated using electronic music instruments ([[Sampler (musical instrument)|samplers]]) or software such as [[digital audio workstation]]s.
A process similar to sampling originated in the 1940s with ''[[musique concrète]]'', experimental music created by [[Tape splice|splicing]] and [[Tape loop|looping tape]]. The mid-20th century saw the introduction of keyboard instruments that played sounds recorded on tape, such as the [[Mellotron]]. The term ''sampling'' was coined in the late 1970s by the creators of the [[Fairlight CMI]], a [[synthesizer]] with the ability to record and playback short sounds. As technology improved, cheaper standalone samplers with more [[Computer memory|memory]] emerged, such as the [[E-mu Emulator]], [[Akai S900|Akai S950]] and [[Akai MPC]].
Sampling is a foundation of [[hip-hop]], which emerged when producers in the 1980s began sampling [[funk]] and [[Soul music|soul]] records, particularly [[drum break]]s. It has influenced many other genres of music, particularly [[electronic music]] and [[Pop music|pop]]. Samples such as the [[Amen break]], the "[[Funky Drummer]]" drum break and the [[orchestra hit]] have been used in thousands of recordings. [[James Brown]], [[Loleatta Holloway]], [[Fab Five Freddy]] and [[Led Zeppelin]] are among the most sampled artists. The first album created entirely from samples, ''[[Endtroducing.....|Endtroducing]]'' by [[DJ Shadow]], was released in 1996.
Sampling without permission can [[Copyright infringement|infringe copyright]] or may be [[fair use]]. Clearance, the process of acquiring permission to use a sample, can be complex and costly; samples from well-known sources may be prohibitively expensive. Courts have taken different positions on whether sampling without permission is permitted. In ''[[Grand Upright Music, Ltd. v. Warner Bros. Records Inc.|Grand Upright Music, Ltd. v. Warner Bros. Records Inc]]'' (1991) and ''[[Bridgeport Music, Inc. v. Dimension Films]]'' (2005), American courts ruled that unlicensed sampling, however minimal, is not ''[[de minimis]]'' copying and could constitute infringement unless another defense, such as fair use, is applicable. However, ''[[VMG Salsoul v Ciccone]]'' (2016) found that unlicensed samples could constitute ''de minimis'' copying and therefore not infringe copyright. In 2019, the [[European Court of Justice]] ruled that modified, unrecognizable samples could be used without authorization. Though some artists sampled by others have complained of [[plagiarism]] or lack of creativity, many commentators have argued that sampling is a creative act.
== Precursors == [[File:Phonogene.jpg|thumb|234x234px|The Phonogene, a 1940s instrument which plays back sounds from tape loops]] In the 1940s, the French composer [[Pierre Schaeffer]] developed ''[[musique concrète]]'', an experimental form of music created by [[Reel-to-reel audio tape recording|recording sounds to tape]], splicing them, and manipulating them to create [[sound collage]]s. He used sounds from the human body, locomotives, and kitchen utensils. The method also involved [[tape loop]]s, splicing lengths of tape end to end so a sound could be played indefinitely. Schaeffer developed the [[Phonogene]], which played loops at 12 different pitches triggered by a keyboard.<ref name="Howell-2005" />
Composers including [[Pierre Henry]], [[Karlheinz Stockhausen|Karheinz Stockhausen]], [[John Cage]], [[Edgard Varèse|Edgar Varèse]], and [[Iannis Xenakis]] experimented with ''musique concrète''. In the UK, it was brought to a mainstream audience by the [[BBC Radiophonic Workshop]], which used the techniques to produce soundtracks for shows including ''[[Doctor Who]]'' in the early 1960s.<ref name="Howell-2005" />
In the 1960s, Jamaican [[Dub music|dub reggae]] producers such as [[King Tubby]] and [[Lee "Scratch" Perry]] began using recordings of [[reggae]] rhythms to produce [[riddim]] tracks, which were then [[Deejay (Jamaican)|deejayed]] over.<ref>{{cite book|url=https://books.google.com/books?id=goNpkxHhH48C&pg=PA55|title=Reggae Wisdom: Proverbs in Jamaican Music|year=2001|publisher=Univ. Press of Mississippi|isbn=9781604736595|via=Google Books|access-date=11 September 2017|archive-date=5 May 2024|archive-url=https://web.archive.org/web/20240505130232/https://books.google.com/books?id=goNpkxHhH48C&pg=PA55#v=onepage&q&f=false|url-status=live}}</ref><ref name="mccann">Bryan J. McCann, [https://books.google.com/books?id=0xOtDgAAQBAJ&pg=PA41 ''The Mark of Criminality: Rhetoric, Race, and Gangsta Rap in the War-On-Crime ERA'', pages 41-42] {{Webarchive|url=https://web.archive.org/web/20240505130239/https://books.google.com/books?id=0xOtDgAAQBAJ&pg=PA41#v=onepage&q&f=false |date=5 May 2024 }}, [[University of Alabama Press]]</ref> Jamaican immigrants introduced the techniques to American [[hip-hop]] in the 1970s.<ref name="mccann" /> [[Holger Czukay]] of the experimental German band [[Can (band)|Can]] spliced tape recordings into his music before the advent of digital sampling.<ref>{{Cite news |last=Beaumont-Thomas |first=Ben |date=2017-09-06 |title=Holger Czukay, bassist with Can, dies aged 79 |language=en-GB |work=[[The Guardian]] |url=https://www.theguardian.com/music/2017/sep/06/holger-czukay-bassist-with-can-dies-aged-79 |access-date=2023-08-12 |issn=0261-3077 |archive-date=12 August 2023 |archive-url=https://web.archive.org/web/20230812120730/https://www.theguardian.com/music/2017/sep/06/holger-czukay-bassist-with-can-dies-aged-79 |url-status=live }}</ref>
== Techniques and tools == === Samplers === {{Main|Sampler (musical instrument)}} [[File:Fairlight.JPG|thumb|The Fairlight CMI, a sampler and synthesizer released in 1979. The designers coined the term ''sampling'' to describe one of its features.]] [[The Guardian|The ''Guardian'']] described the [[Chamberlin]] as the first sampler, developed by the American engineer Harry Chamberlin in the 1940s. The Chamberlin used a keyboard to trigger a series of tape decks, each containing eight seconds of sound. Similar technology was popularised in the 60s with the [[Mellotron]]. In 1969, the English engineer [[Peter Zinovieff]] developed the first digital sampler, the [[EMS Musys]].<ref name="McNamee-2009">{{cite web |last=McNamee |first=David |date=2009-09-28 |title=Hey, what's that sound: Sampler |url=https://www.theguardian.com/music/2009/sep/28/whats-that-sound-sampler |url-status=live |archive-url=https://web.archive.org/web/20140304190836/http://www.theguardian.com/music/2009/sep/28/whats-that-sound-sampler |archive-date=4 March 2014 |access-date=2018-10-12 |website=[[The Guardian]] |language=en}}</ref>
The term ''sample'' was coined by [[Kim Ryrie]] and [[Peter Vogel (computer designer)|Peter Vogel]] to describe a feature of their [[Fairlight CMI]] synthesizer, launched in 1979.<ref name="Howell-2005">{{cite web|url=https://www.soundonsound.com/techniques/lost-art-sampling-part-1|title=The Lost Art Of Sampling: Part 1|last=Howell|first=Steve|date=August 2005|website=[[Sound on Sound]]|language=en-gb|url-status=live|archive-url=https://web.archive.org/web/20181209123730/https://www.soundonsound.com/techniques/lost-art-sampling-part-1|archive-date=9 December 2018|access-date=12 October 2018}}</ref> While developing the Fairlight, Vogel recorded around a second of piano performance from a radio broadcast and discovered that he could imitate a piano by playing the recording back at different pitches. The result better resembled a real piano than sounds generated by synthesizers.<ref name = "Newsscientist">{{cite web|last=Hamer|first=Mick|date=26 March 2015|archive-url=https://web.archive.org/web/20080708224444/http://www.newscientist.com/channel/opinion/mg18524921.400|archive-date=8 July 2008|url=https://www.newscientist.com/channel/opinion/mg18524921.400|title=Interview: Electronic maestros|work=[[New Scientist]]|publisher=[[Reed Business Information]]|access-date=4 April 2016}}</ref> Compared to later samplers, the Fairlight was limited; it allowed control over pitch and [[Envelope (music)|envelope]], and could only record a few seconds of sound. However, the sampling function became its most popular feature. Though the concept of reusing recordings in other recordings was not new, the Fairlight's design and built-in [[Music sequencer|sequencer]] simplified the process.<ref name="Howell-2005" />[[File:Akai MPC60.jpg|thumb|The [[Akai MPC]], an influential sampler produced from 1988]]The Fairlight inspired competition, improving sampling technology and driving down prices. Early competitors included the [[E-mu Emulator]]<ref name="Howell-2005" /> and the [[Akai S900|Akai S950]].<ref name="MusicRadar">{{Cite news |title=A brief history of sampling |language=EN-GB |work=[[MusicRadar]] |url=https://www.musicradar.com/tuition/tech/a-brief-history-of-sampling-604868 |url-status=live |access-date=2018-10-12 |archive-url=https://web.archive.org/web/20190626032124/https://www.musicradar.com/tuition/tech/a-brief-history-of-sampling-604868 |archive-date=26 June 2019}}</ref> [[Drum machine]]s such as the [[Oberheim DMX]] and [[Linn LM-1]] incorporated samples of drum kits and percussion rather than generating sounds from circuits.<ref>{{cite web |last=McNamee |first=David |date=2009-06-22 |title=Hey, what's that sound: Linn LM-1 Drum Computer and the Oberheim DMX |url=https://www.theguardian.com/music/2009/jun/22/linn-oberheim-drum-machines |url-status=live |archive-url=https://web.archive.org/web/20181026233316/https://www.theguardian.com/music/2009/jun/22/linn-oberheim-drum-machines |archive-date=26 October 2018 |access-date=2018-02-09 |website=[[The Guardian]] |language=en}}</ref> Early samplers could store samples of only a few seconds in length, but this increased with improved [[Computer memory|memory]].<ref name="Milner-2011">{{Cite book|last=Milner|first=Greg|url=https://books.google.com/books?id=x-faxiGMNWoC|title=Perfecting Sound Forever: The Story of Recorded Music|date=2011-11-03|publisher=Granta Publications|isbn=9781847086051|language=en|access-date=7 December 2018|archive-url=https://web.archive.org/web/20181209124448/https://books.google.co.uk/books?id=x-faxiGMNWoC|archive-date=9 December 2018|url-status=live}}</ref> In 1988, [[Akai Professional|Akai]] released the first [[Akai MPC|MPC]] sampler,<ref>{{Cite news |title=The 10 most important hardware samplers in history |language=EN-GB |work=[[MusicRadar]] |url=https://www.musicradar.com/news/tech/the-10-most-important-hardware-samplers-in-history-361471 |url-status=live |access-date=2018-05-13 |archive-url=https://web.archive.org/web/20180702035529/https://www.musicradar.com/news/tech/the-10-most-important-hardware-samplers-in-history-361471 |archive-date=2 July 2018}}</ref> which allowed users to assign samples to pads and trigger them independently, similarly to playing a keyboard or drum kit.<ref name="Vox">{{Cite news |last=Aciman |first=Alexander |date=16 April 2018 |title=Meet the unassuming drum machine that changed music forever |work=[[Vox (website)|Vox]] |url=https://www.vox.com/culture/2018/4/16/16615352/akai-mpc-music-history-impact |url-status=live |access-date=2018-05-11 |archive-url=https://web.archive.org/web/20181221091206/https://www.vox.com/culture/2018/4/16/16615352/akai-mpc-music-history-impact |archive-date=21 December 2018}}</ref> It was followed by competing samplers from companies including [[Korg]], [[Roland Corporation|Roland]] and [[Casio]].<ref name="M1-Retrozone">{{Cite web|url=https://www.soundonsound.com/reviews/korg-m1-retrozone|title=Korg M1 (Retrozone)|last=Vail|first=Mark|date=February 2002|website=[[Sound on Sound]]|url-status=live|archive-url=https://web.archive.org/web/20191102113614/https://www.soundonsound.com/reviews/korg-m1-retrozone|archive-date=2 November 2019|access-date=6 November 2019}}</ref>
Today, most samples are recorded and edited using [[digital audio workstation]]s (DAWs) such as [[Pro Tools]] and [[Ableton Live]].<ref name="Milner-2011" /><ref name="McNamee-2008">{{cite web |last=McNamee |first=David |date=2008-02-16 |title=When did sampling become so non-threatening? |url=https://www.theguardian.com/music/musicblog/2008/feb/16/whendidsamplingbecamesono |url-status=live |archive-url=https://web.archive.org/web/20190331053848/https://www.theguardian.com/music/musicblog/2008/feb/16/whendidsamplingbecamesono |archive-date=31 March 2019 |access-date=2018-10-12 |website=[[The Guardian]] |language=en}}</ref> As technology has improved, the possibilities for manipulation have grown.<ref name="Fact-2016" />
===Sample libraries=== Samples are distributed in sample libraries, also known as sample packs. In the 1990s, sample libraries from companies such as [[Zero-G Ltd|Zero-G]] and [[Spectrasonics]] were widely used in contemporary music.<ref name="10 classic">{{cite web |last=Cant |first=Tim |date=1 July 2022 |title=10 classic sample libraries that changed music |url=https://www.musicradar.com/news/tech/10-classic-sample-libraries-that-changed-music-631133 |url-status=live |archive-url=https://web.archive.org/web/20191026174523/https://www.musicradar.com/news/tech/10-classic-sample-libraries-that-changed-music-631133 |archive-date=26 October 2019 |access-date=2019-10-26 |website=[[MusicRadar]] |language=EN-GB}}</ref> In the 2000s, [[Apple Inc.|Apple]] introduced "Jam Pack" sample libraries for its DAW [[GarageBand]].<ref name="Music 2011">{{cite web |last=Music |first=Future |date=2011-03-17 |title=A brief history of GarageBand |url=https://www.musicradar.com/tuition/tech/a-brief-history-of-garageband-400471 |access-date=2022-12-06 |website=[[MusicRadar]] |archive-date=23 September 2019 |archive-url=https://web.archive.org/web/20190923055853/https://www.musicradar.com/tuition/tech/a-brief-history-of-garageband-400471 |url-status=live }}</ref> In the 2010s, producers began releasing sample packs on online platforms such as [[Splice (platform)|Splice]].<ref name="Tannenbaum Tannenbaum 2021">{{cite magazine |last=Tannenbaum |first=Rob |date=2021-07-22 |title=How Splice Became the Hottest Platform on the Beat Market |url=https://www.billboard.com/pro/splice-music-creation-platform-producers-samples-analysis/ |access-date=2022-12-06 |magazine=[[Billboard (magazine)|Billboard]] |archive-date=6 December 2022 |archive-url=https://web.archive.org/web/20221206120248/https://www.billboard.com/pro/splice-music-creation-platform-producers-samples-analysis/ |url-status=live }}</ref>
The Kingsway Music Library, created in 2015 by the American producer [[Frank Dukes]],<ref>{{Cite web |last=Dandridge-Lemco |first=Ben |date=8 May 2020 |title=Get to know the loopmakers behind rap's biggest songs |url=https://pitchfork.com/thepitch/get-to-know-the-loopmakers-behind-raps-biggest-songs/ |access-date=2021-06-04 |website=[[Pitchfork (website)|Pitchfork]] |language=en-US |archive-date=23 April 2021 |archive-url=https://web.archive.org/web/20210423012422/https://pitchfork.com/thepitch/get-to-know-the-loopmakers-behind-raps-biggest-songs/ |url-status=live }}</ref> has been used by artists including [[Drake (musician)|Drake]], [[Kanye West]], [[Kendrick Lamar]], and [[J. Cole]].<ref>{{cite news |last1=Cush |first1=Andy |title=How Hitmaking Producer Frank Dukes Is Reinventing the Pop Music Machine |url=https://www.spin.com/2016/12/how-hitmaking-producer-frank-dukes-is-reinventing-the-pop-music-machine/ |access-date=4 June 2024 |work=[[Spin (magazine)|Spin]] |date=15 December 2016 |archive-date=4 June 2024 |archive-url=https://web.archive.org/web/20240604003927/https://www.spin.com/2016/12/how-hitmaking-producer-frank-dukes-is-reinventing-the-pop-music-machine/ |url-status=live }}</ref><ref>{{cite news |last1=Adams |first1=Kelsey |title=Frank Dukes' Kingsway Music Library Could Change Sampling Forever |url=https://www.complex.com/music/a/kelsey-adams/frank-dukes-kingsway-music-library-could-change-sampling-forever |access-date=4 June 2024 |work=[[Complex Networks|Complex]] |language=en-us |archive-date=4 June 2024 |archive-url=https://web.archive.org/web/20240604003932/https://www.complex.com/music/a/kelsey-adams/frank-dukes-kingsway-music-library-could-change-sampling-forever |url-status=live }}</ref> In 2020, the US [[Library of Congress]] created an [[open-source]] web application that allows users to sample its library of copyright-free audio.<ref>{{Cite web |last=Lefrak |first=Mikaela |date=April 24, 2020 |title=The Library of Congress wants DJs (and you) to make beats using its audio collections |url=https://wamu.org/story/20/04/24/the-library-of-congress-wants-djs-and-you-to-make-beats-using-its-audio-collections/ |access-date=2021-06-04 |website=[[WAMU]] |language=en |archive-date=4 June 2021 |archive-url=https://web.archive.org/web/20210604025215/https://wamu.org/story/20/04/24/the-library-of-congress-wants-djs-and-you-to-make-beats-using-its-audio-collections/ |url-status=live }}</ref>
=== Interpolation === {{Main|Interpolation (popular music)}}
Instead of sampling, artists may recreate a recording, a process known as interpolation.<ref name="Jones-2022" /> This requires only the permission of the owners of the musical content, rather than the owners of the recording. It also creates more freedom to alter constituent components such as separate guitar and drum tracks.<ref>{{cite web |last=Inglis |first=Sam |date=September 2003 |title=Steve Gibson & Dave Walters: Recreating Samples {{!}} |url=https://www.soundonsound.com/people/steve-gibson-dave-walters-recreating-samples |url-status=live |archive-url=https://web.archive.org/web/20181014165401/https://www.soundonsound.com/people/steve-gibson-dave-walters-recreating-samples |archive-date=14 October 2018 |access-date=2018-10-14 |website=[[Sound on Sound]] |language=en-gb}}</ref>
== Impact == Sampling has influenced many genres of music,<ref name="McNamee-2009" /> particularly pop, hip-hop and electronic music.<ref name="Fact-2016">{{Cite news |last=Meiselman |first=Jessica |date=2016-06-25 |title=Sampled or stolen? Untangling the knotty world of hip-hop copyright |url=http://www.factmag.com/2016/06/25/sampling-hip-hop-copyright/ |url-status=live |archive-url=https://web.archive.org/web/20181014165059/http://www.factmag.com/2016/06/25/sampling-hip-hop-copyright/ |archive-date=14 October 2018 |access-date=2018-10-14 |work=[[Fact (UK magazine)|Fact]] |language=en-US}}</ref> The ''[[The Guardian|Guardian]]'' journalist David McNamee likened its importance in these genres to the importance of the guitar in rock.<ref name="McNamee-2009" /> In August 2022, the ''Guardian'' noted that half of the singles in the top 10 of the [[UK singles chart]] that week used samples.<ref name="Jones-2022">{{Cite web |last=Jones |first=Rhian |date=2022-08-05 |title='Common decency': Beyoncé's ''Renaissance'' sparks debate about the politics of music sampling |url=https://www.theguardian.com/music/2022/aug/05/common-decency-beyonces-renaissance-sparks-debate-about-the-politics-of-music-sampling |access-date=2022-08-06 |website=[[The Guardian]] |language=en |archive-date=6 August 2022 |archive-url=https://web.archive.org/web/20220806112330/https://www.theguardian.com/music/2022/aug/05/common-decency-beyonces-renaissance-sparks-debate-about-the-politics-of-music-sampling |url-status=live }}</ref> Sampling is a fundamental element of [[remix culture]].<ref name="TechCrunch">{{Cite news |title=Remixing Culture And Why The Art Of The Mash-Up Matters |language=en-US |work=TechCrunch |url=https://techcrunch.com/2015/03/22/from-artistic-to-technological-mash-up/ |url-status=live |access-date=2018-10-16 |archive-url=https://web.archive.org/web/20200212113835/https://techcrunch.com/2015/03/22/from-artistic-to-technological-mash-up/ |archive-date=12 February 2020}}</ref>
=== Early works === Using the Fairlight, the "first truly world-changing sampler", the English producer [[Trevor Horn]] became the "key architect" in incorporating sampling into pop music in the 1980s.<ref name="McNamee-2009" /> Other users of the Fairlight included [[Kate Bush]], [[Peter Gabriel]] and [[Thomas Dolby]].<ref name="MusicRadar" /> In the 1980s, samples were incorporated into synthesizers and [[music workstation]]s, such as the bestselling [[Korg M1]], released in 1988.<ref name="M1-Retrozone" />
The [[Akai MPC]], released in 1988, had a major influence on electronic and hip-hop music,<ref>{{Cite news|url=https://www.engadget.com/2017/01/22/akai-mpc-live-mpc-x/|title=Hip-hop's most influential sampler gets a 2017 reboot|work=Engadget|access-date=2018-04-03|language=en-US|archive-url=https://web.archive.org/web/20190331204530/https://www.engadget.com/2017/01/22/akai-mpc-live-mpc-x/|archive-date=31 March 2019|url-status=live}}</ref><ref name="Vox"/> allowing artists to create elaborate tracks without other instruments, a studio or formal music knowledge.<ref name="Vox"/> Its designer, [[Roger Linn]], anticipated that users would sample short sounds, such as individual notes or drum hits, to use as building blocks for compositions; however, users sampled longer passages of music.<ref name="Milner-2011" /> In the words of Greg Milner, author of ''Perfecting Sound Forever'', musicians "didn't just want the sound of [[John Bonham|John Bonham's]] kick drum, they wanted to loop and repeat the whole of '[[When the Levee Breaks]]'."<ref name="Milner-2011" /> Linn said: "It was a very pleasant surprise. After 60 years of recording, there are so many prerecorded examples to sample from. Why reinvent the wheel?"<ref name="Milner-2011" />
[[Stevie Wonder|Stevie Wonder's]] 1979 album [[Stevie Wonder's Journey Through "The Secret Life of Plants"|''Journey Through the Secret Life of Plants'']] may have been the first album to make extensive use of samples.<ref name="McNamee-2009" /> The Japanese electronic band [[Yellow Magic Orchestra]] were pioneers in sampling,<ref>{{cite book|title=Tokyo city guide|author=Mayumi Yoshida Barakan & Judith Connor Greer|publisher=Tuttle Publishing|year=1996|isbn=0-8048-1964-5|page=144|url=https://books.google.com/books?id=vJbd43uxLiMC&pg=PA144|access-date=2011-06-06|archive-url=https://web.archive.org/web/20170323184028/https://books.google.com/books?id=vJbd43uxLiMC&pg=PA144|archive-date=23 March 2017|url-status=live}}</ref><ref name="thevinyldistrict">{{cite web|last=Carter|first=Monica|title=It's Easy When You're Big In Japan: Yellow Magic Orchestra at The Hollywood Bowl|work=The Vinyl District|url=http://www.thevinyldistrict.com/losangeles/2011/06/it%E2%80%99s-easy-when-you%E2%80%99re-big-in-japan-yellow-magic-orchestra-at-the-hollywood-bowl/|access-date=22 July 2011|date=June 30, 2011|archive-url=https://web.archive.org/web/20120321110921/http://www.thevinyldistrict.com/losangeles/2011/06/it%E2%80%99s-easy-when-you%E2%80%99re-big-in-japan-yellow-magic-orchestra-at-the-hollywood-bowl/|archive-date=21 March 2012|url-status=live}}</ref><ref name="condry_59" /> constructing music by [[Looping (music)|looping]] fragments of sound.<ref name="condry_59">{{cite book|last=Condry|first=Ian|title=Hip-hop Japan: rap and the paths of cultural globalization|year=2006|publisher=[[Duke University Press]]|isbn=0-8223-3892-0|url=https://books.google.com/books?id=37QWE3yRY-4C&pg=PA59|page=60|access-date=11 June 2019|archive-url=https://web.archive.org/web/20190420110826/https://books.google.com/books?id=37QWE3yRY-4C&pg=PA59|archive-date=20 April 2019|url-status=live}}</ref> Their album ''[[Technodelic]]'' (1981) is an early example of an album consisting mostly of samples.<ref name="thevinyldistrict" /><ref>{{cite web |date=22 January 2015 |title=The Essential... Yellow Magic Orchestra |url=https://www.factmag.com/2015/01/22/the-essential-yellow-magic-orchestra/ |url-status=live |archive-url=https://web.archive.org/web/20190417132218/https://www.factmag.com/2015/01/22/the-essential-yellow-magic-orchestra/ |archive-date=17 April 2019 |access-date=11 June 2019 |website=[[Fact (UK magazine)|Fact]]}}</ref> ''[[My Life in the Bush of Ghosts (album)|My Life in the Bush of Ghosts]]'' (1981) by [[David Byrne]] and [[Brian Eno]] is another important early work of sampling, incorporating samples of sources including [[Arabic music|Arabic singers]], radio DJs and an [[Exorcism|exorcist]].<ref>{{Cite news |last1=Simpson |first1=Dave |date=24 March 2006 |title=Brian Eno and David Byrne, My Life in the Bush of Ghosts |newspaper=[[The Guardian]] |url=https://www.theguardian.com/music/2006/mar/24/popandrock.shopping7 |url-status=live |access-date=14 October 2018 |archive-url=https://web.archive.org/web/20070820145445/http://arts.guardian.co.uk/reviews/story/0,,1737896,00.html |archive-date=20 August 2007}}</ref> Musicians had used similar techniques before, but, according to the ''[[The Guardian|Guardian]]'' writer Dave Simpson, sampling had never before been used "to such cataclysmic effect".<ref name="Guardian">{{cite news|last=Simpson|first=Dave|date=24 March 2006|title=Brian Eno and David Byrne, My Life in the Bush of Ghosts|newspaper=[[The Guardian]]|location=London|url=https://www.theguardian.com/music/2006/mar/24/popandrock.shopping7|access-date=25 March 2012|archive-date=12 July 2020|archive-url=https://web.archive.org/web/20200712003402/https://www.theguardian.com/music/2006/mar/24/popandrock.shopping7|url-status=live}}</ref> Eno felt the album's innovation was to make samples "the lead vocal".<ref name="Q">{{cite journal |last=Sheppard |first=David |date=July 2001 |title=Cash for Questions |journal=[[Q (magazine)|Q]]}}</ref> [[Big Audio Dynamite]] pioneered sampling in rock and pop with their 1985 album ''[[This Is Big Audio Dynamite]]''.<ref>{{cite news |last=Myers |first=Ben |date=2011-01-20 |title=Big Audio Dynamite: more pioneering than the Clash? |work=[[The Guardian]] |location=London |url=https://www.theguardian.com/music/musicblog/2011/jan/20/big-audio-dynamite-clash |url-status=live |access-date=16 December 2016 |archive-url=https://web.archive.org/web/20170214205917/https://www.theguardian.com/music/musicblog/2011/jan/20/big-audio-dynamite-clash |archive-date=14 February 2017}}</ref>
=== Hip-hop === [[File:DJ Shadow tim festival.jpg|thumb|210x210px|[[DJ Shadow]]'s 1996 album ''[[Endtroducing.....|Endtroducing]]'' is cited as the first created entirely from samples.|alt=]]Sampling is one of the foundations of [[hip-hop]], which emerged in the 1980s.<ref name="Fintoni-2013">{{Cite news |last=Fintoni |first=Laurent |date=2013-08-02 |title=Don't kick the ethics out of sampling: picking up the bullets from the Weeknd's clash with Portishead |language=en-US |work=[[Fact (UK magazine)|Fact]] |url=http://www.factmag.com/2013/08/02/ethics-sampling-portishead-weeknd/2/ |url-status=live |access-date=2018-10-12 |archive-url=https://web.archive.org/web/20181012214538/http://www.factmag.com/2013/08/02/ethics-sampling-portishead-weeknd/2/ |archive-date=12 October 2018}}</ref> Hip-hop sampling has been likened to the origins of [[blues]] and [[Rock music|rock]], which were created by repurposing existing music.<ref name="TechCrunch" /> The ''Guardian'' journalist David McNamee wrote that "two record decks and your dad's old funk collection was once the working-class black answer to [[Punk rock|punk]]".<ref name="McNamee-2008"/>
Before the rise of sampling, DJs [[Turntablism|used turntables]] to loop [[Break (music)|breaks]] from records, which MCs would [[Rapping|rap]] over. Compilation albums such as ''[[Ultimate Breaks and Beats]]'' compiled tracks with drum breaks and solos intended for sampling, aimed at DJs and hip-hop producers''.''<ref name="The Economist">{{Cite news |date=17 December 2011 |title=Seven seconds of fire |url=https://www.economist.com/christmas-specials/2011/12/17/seven-seconds-of-fire |url-access=subscription |url-status=live |archive-url=https://web.archive.org/web/20181014165346/https://www.economist.com/christmas-specials/2011/12/17/seven-seconds-of-fire |archive-date=14 October 2018 |access-date=14 October 2018 |newspaper=[[The Economist]] |language=en |issn=0013-0613}}</ref> In 1986, the tracks "[[South Bronx (song)|South Bronx]]", "[[Eric B. is President]]" and "[[It's a Demo]]" sampled the funk and soul tracks of [[James Brown]], particularly a drum break from "[[Funky Drummer]]" (1970), helping popularize the technique.<ref name="Fact-2016" />
The advent of affordable samplers such as the [[Akai MPC]] (1988) made looping easier.<ref name="The Economist" /> ''[[Guinness World Records]]'' cites [[DJ Shadow]]'s acclaimed hip-hop album ''[[Endtroducing.....|Endtroducing]]'' (1996), made on an MPC60,<ref name="Taylor">{{cite web |last=Taylor |first=Ken |date=August 14, 2012 |title=The exclusive interview; 'I feel like I've done a lot for the MPC' |url=http://news.beatport.com/blog/2012/08/14/dj-shadow-week-an-exclusive-interview-i-feel-like-ive-kind-of-done-a-lot-fo/ |url-status=dead |archive-url=https://web.archive.org/web/20121021171416/http://news.beatport.com/blog/2012/08/14/dj-shadow-week-an-exclusive-interview-i-feel-like-ive-kind-of-done-a-lot-fo/ |archive-date=October 21, 2012 |access-date=March 16, 2013 |publisher=[[Beatport]]}}</ref> as the first album created entirely from samples.<ref>{{cite web |title=First album made completely from samples |url=http://www.guinnessworldrecords.com/records-1000/first-album-made-completely-from-samples/ |url-status=live |archive-url=https://web.archive.org/web/20130807084205/http://www.guinnessworldrecords.com/records-1000/first-album-made-completely-from-samples/ |archive-date=August 7, 2013 |access-date=March 20, 2013 |work=[[Guinness World Records]]}}</ref><ref name="Sullivan">{{cite journal |author=Sullivan, James |date=March 30, 2012 |title=DJ Shadow's influence looms large |url=https://www.bostonglobe.com/arts/2012/03/29/shadow-influence-looms-large/Ip8K0R8rlE33LZMVIijKzH/story.html |url-status=live |journal=[[The Boston Globe]] |archive-url=https://web.archive.org/web/20131202221415/http://www.bostonglobe.com/arts/2012/03/29/shadow-influence-looms-large/Ip8K0R8rlE33LZMVIijKzH/story.html |archive-date=December 2, 2013 |access-date=March 23, 2013}}</ref> The [[E-mu SP-1200]], released in 1987, had a ten-second sample length and a distinctive "gritty" sound, and was used extensively by [[East Coast hip hop|East Coast producers]] during the [[golden age of hip-hop]] of the late 1980s and early 90s.<ref>{{cite news|url=https://www.villagevoice.com/2007/11/06/the-dirty-heartbeat-of-the-golden-age/|title=The Dirty Heartbeat of the Golden Age|work=[[The Village Voice]]|date=6 November 2007|access-date=2019-07-17|archive-url=https://web.archive.org/web/20190501043549/https://www.villagevoice.com/2007/11/06/the-dirty-heartbeat-of-the-golden-age/|archive-date=1 May 2019|url-status=dead}}</ref>
=== Common samples === {{listen|filename=The Amen Break, in context.ogg|title=The Amen break|description=The widely sampled "Amen break" as it originally appeared, on "Amen, Brother" (1969) by [[the Winstons]]|format=[[Ogg]]}} Commonly sampled elements include strings, basslines, drum loops, vocal [[Hook (music)|hooks]] or entire bars of music, especially from [[Soul music|soul]] records.<ref name="Salmon-2008">{{cite web |last=Salmon |first=Richard |date=March 2008 |title=Sample clearance |url=https://www.soundonsound.com/sound-advice/sample-clearance |url-status=live |archive-url=https://web.archive.org/web/20181014165034/https://www.soundonsound.com/sound-advice/sample-clearance |archive-date=14 October 2018 |access-date=2018-10-14 |website=[[Sound on Sound]] |language=en-gb}}</ref> Samples may be layered, [[Equalization (audio)|equalized]],<ref name="The Economist-2">{{Cite news |title=Just a sample |url=https://www.economist.com/prospero/2011/12/15/just-a-sample |url-access=subscription |url-status=live |archive-url=https://web.archive.org/web/20181014165401/https://www.economist.com/prospero/2011/12/15/just-a-sample |archive-date=14 October 2018 |access-date=2018-10-14 |newspaper=[[The Economist]] |language=en}}</ref> sped up or slowed down, repitched, [[Loop (music)|looped]] or otherwise manipulated.<ref name="Fact-2016" />
A seven-second drum break in the 1969 track "Amen, Brother", known as the [[Amen break]], became popular with American hip-hop producers and then British [[Jungle music|jungle]] producers in the early 1990s. It has been used in thousands of recordings, including songs by rock bands such as [[Oasis (band)|Oasis]] and theme tunes for television shows such as ''[[Futurama]]'', and is among the most sampled tracks in music history.<ref name="The Economist" /> Other widely sampled drum breaks include the break from the 1970 [[James Brown]] song "[[Funky Drummer]]"; the [[Think break]], sampled from the 1972 [[Lyn Collins]] song "[[Think (About It)]]", written by Brown;<ref>{{Cite web |last= |first= |date= |title=Spotify playlist: 50 tracks that sample the 'Think' break |url=https://mixmag.net/read/spotify-playlist-50-tracks-that-sample-the-think-break-playlists |access-date=2021-01-30 |website=[[Mixmag]] |archive-date=17 May 2021 |archive-url=https://web.archive.org/web/20210517160810/https://mixmag.net/read/spotify-playlist-50-tracks-that-sample-the-think-break-playlists |url-status=live }}</ref> and the drum intro from [[Led Zeppelin]]'s 1971 song "[[When the Levee Breaks]]", played by [[John Bonham]] and sampled by artists including the [[Beastie Boys]], [[Dr. Dre]], [[Eminem]] and [[Massive Attack]].<ref>{{cite news |last=Cheal |first=David |date=21 February 2015 |title=The Life of a Song: 'When the Levee Breaks' |publisher=[[Financial Times]] |url=https://www.ft.com/content/8d8a2e9a-b3a3-11e4-9449-00144feab7de |url-status=live |access-date=29 November 2018 |archive-url=https://web.archive.org/web/20181129100314/https://www.ft.com/content/8d8a2e9a-b3a3-11e4-9449-00144feab7de |archive-date=29 November 2018}}</ref>
In 2014, the [[Smithsonian (magazine)|''Smithsonian'']] cited the most sampled track as "[[Change the Beat]]" (1982) by [[Fab Five Freddy]].<ref>{{Cite news |last=Eveleth |first=Rose |author-link=Rose Eveleth |date=24 February 2014 |title=The world's most sampled song is 'Change the Beat' by Fab 5 Freddy |url=https://www.smithsonianmag.com/smart-news/worlds-most-sampled-song-change-beat-fab-5-freddy-180949863/#JpXuDHHbpIOGUg7i.99 |url-status=live |archive-url=https://web.archive.org/web/20181012214512/https://www.smithsonianmag.com/smart-news/worlds-most-sampled-song-change-beat-fab-5-freddy-180949863/#JpXuDHHbpIOGUg7i.99 |archive-date=12 October 2018 |access-date=2018-10-12 |work=[[Smithsonian (magazine)|Smithsonian]] |language=en}}</ref> According to [[WhoSampled]], a user-edited website that catalogs samples, James Brown is sampled in more than 3,000 tracks, more than any other artist.<ref>{{Cite web|last=X|first=Dharmic|date=20 February 2014|title=James Brown is apparently the most sampled artist of all time|url=https://www.complex.com/music/2014/02/james-brown-most-sampled-artist-all-time|access-date=2020-08-01|website=[[Complex (website)|Complex]]|language=en|archive-date=21 October 2020|archive-url=https://web.archive.org/web/20201021055905/https://www.complex.com/music/2014/02/james-brown-most-sampled-artist-all-time|url-status=live}}</ref> In 2011, ''[[The Independent]]'' named [[Loleatta Holloway]], whose vocals were sampled in [[House music|house]] and [[Dance music|dance]] tracks such as "[[Ride on Time]]" (1989) by [[Black Box (band)|Black Box]], as the most sampled female singer.<ref>{{cite news |last=Perrone |first=Pierre |date=2011-03-25 |title=Loleatta Holloway: Much-sampled disco diva who sued Black Box over their worldwide hit 'Ride on Time' |language=en |website=[[The Independent]] |url=http://www.independent.co.uk/news/obituaries/loleatta-holloway-much-sampled-disco-diva-who-sued-black-box-over-their-worldwide-hit-lsquoride-on-2252360.html |url-status=live |access-date=2019-08-08 |archive-url=https://web.archive.org/web/20190708052439/https://www.independent.co.uk/news/obituaries/loleatta-holloway-much-sampled-disco-diva-who-sued-black-box-over-their-worldwide-hit-lsquoride-on-2252360.html |archive-date=8 July 2019}}</ref> The [[orchestra hit]], widely used in hip-hop, originated as a sound on the Fairlight, sampled from [[Igor Stravinsky|Stravinsky's]] 1910 orchestral work ''[[Firebird Suite]].''<ref name="Fink 2005 1">{{citation|last=Fink|first=Robert|title=The Story of ORCH5, or, the Classical Ghost in the Hip-Hop Machine|year=2005|url=https://ucla.academia.edu/RobertFink/Papers/179755/The_Story_of_ORCH5|journal=Popular Music|volume=24|issue=3|pages=339–356|doi=10.1017/S0261143005000553|jstor=3877522|access-date=9 February 2025|archive-date=16 March 2012|archive-url=https://web.archive.org/web/20120316144737/http://ucla.academia.edu/RobertFink/Papers/179755/The_Story_of_ORCH5|url-status=live}}</ref>{{rp|p=1}}<ref name="Fink 2005 6">{{harvtxt|Fink|2005|p=6}}</ref> ''[[MusicRadar]]'' cited the ''[[Zero-G Datafiles]]'' sample libraries as an influence on 90s dance music, becoming the "de facto source of breakbeats, bass and vocal samples".<ref name="10 classic" />
== Legal and ethical issues == To legally use a sample, an artist must acquire legal permission from the copyright holder, a potentially lengthy and complex process known as clearance. Sampling without permission can [[Copyright infringement|breach the copyright]] of the original sound recording, of the composition and lyrics, and of the performances, such as a rhythm or guitar riff. The [[moral rights]] of the original artist may also be breached if they are not credited or object to the sampling. In some cases, sampling is protected under American [[fair use]] laws,<ref name="Salmon-2008" /> which grant "limited use of copyrighted material without permission from the rights holder".<ref>{{Cite book|last=Siedel|first=George|title=The Three Pillar Model For Business Decisions: Strategy, Law, Ethics|publisher=Van Rye Publishing|year=2016|isbn=978-0-9970566-1-7|location=Michigan|pages=135}}</ref>
The American musician [[Richard Lewis Spencer]], who owned the copyright for the widely sampled [[Amen break]], never received [[royalties]] for its use as the [[statute of limitations]] for copyright infringement had passed by the time he learnt of the situation.<ref>{{Cite news |date=2015-11-11 |title=Amen Break musician finally gets paid |language=en-GB |work=BBC News |url=https://www.bbc.com/news/entertainment-arts-34785551 |access-date=2023-09-12 |archive-date=12 September 2023 |archive-url=https://web.archive.org/web/20230912233116/https://www.bbc.com/news/entertainment-arts-34785551 |url-status=live }}</ref> The journalist [[Simon Reynolds]] likened it to "the man who goes to the sperm bank and unknowingly sires hundreds of children".<ref name="The Economist" /> [[Clyde Stubblefield]], the performer of the widely sampled drum break from "[[Funky Drummer]]", also received no royalties.<ref name=":0">{{Cite magazine |last=Kreps |first=Daniel |date=2017-02-18 |title=Clyde Stubblefield, James Brown's 'Funky Drummer,' Dead at 73 |url=https://www.rollingstone.com/music/music-news/clyde-stubblefield-james-browns-funky-drummer-dead-at-73-124337/ |access-date=2020-08-01 |magazine=[[Rolling Stone]] |language=en-US |archive-date=19 May 2023 |archive-url=https://web.archive.org/web/20230519130333/https://www.rollingstone.com/music/music-news/clyde-stubblefield-james-browns-funky-drummer-dead-at-73-124337/ |url-status=live }}</ref> The owner of sampled material may not always be traceable, and such knowledge is commonly mislaid through corporate mergers, closures and buyouts.<ref name="NPR-2012" /><ref name="Johns">{{Cite web |last=Brown |first=August |date=2021-05-06 |title=A homeless LA musician helped create a Daft Punk classic. So why hasn't he seen a dime? |url=https://www.latimes.com/entertainment-arts/music/story/2021-05-06/daft-punk-one-more-time-eddie-johns-homeless |access-date=2021-05-07 |website=[[Los Angeles Times]] |language=en-US |archive-date=6 May 2021 |archive-url=https://web.archive.org/web/20210506163751/https://www.latimes.com/entertainment-arts/music/story/2021-05-06/daft-punk-one-more-time-eddie-johns-homeless |url-status=live }}</ref>
DJ Shadow said that artists tended to either see sampling as a mark of respect and a means to introduce their music to new audiences, or to be protective of their legacy and see no benefit.<ref name="NPR-2012">{{Cite news |date=17 November 2012 |title=DJ Shadow on sampling as a 'collage of mistakes' |url=https://www.npr.org/2012/11/17/165145271/dj-shadow-on-sampling-as-a-collage-of-mistakes |access-date=2022-08-15 |work=[[NPR]] |language=en |archive-date=14 May 2013 |archive-url=https://web.archive.org/web/20130514102427/http://www.npr.org/2012/11/17/165145271/dj-shadow-on-sampling-as-a-collage-of-mistakes |url-status=live }}</ref> He described the difficulty of arranging compensation for each artist sampled in a work, and gave the example of two artists both demanding more than 50%, a mathematical impossibility. He instead advocated for a process of clearing samples on a [[musicological]] basis by identifying how much of the composition the sample comprises.<ref name="Convery-2017">{{Cite web |last=Convery |first=Stephanie |date=2017-05-24 |title=DJ Shadow: 'Music has never been worth less, and yet sampling has never been more risky' |url=http://www.theguardian.com/music/2017/may/24/dj-shadow-music-has-never-been-worth-less-and-yet-sampling-has-never-been-more-risky |url-status=live |archive-url=https://web.archive.org/web/20220815103313/https://www.theguardian.com/music/2017/may/24/dj-shadow-music-has-never-been-worth-less-and-yet-sampling-has-never-been-more-risky |archive-date=15 August 2022 |access-date=2022-08-15 |website=[[The Guardian]] |language=en}}</ref>
According to ''Fact'', early hip-hop sampling was governed by "unspoken" rules forbidding the sampling of recent records, reissues, other hip-hop records or non-vinyl sources, among other restrictions. These rules were relaxed as younger producers took over and sampling became ubiquitous.<ref name="Fintoni-2013" /> In 2017, DJ Shadow said he felt that "music has never been worth less as a commodity, and yet sampling has never been more risky".<ref name="Convery-2017" />
Sampling can help popularize the sampled work. For example, the [[Desiigner]] track "[[Panda (Desiigner song)|Panda]]" (2015) reached number one on the ''[[Billboard Hot 100|Billboard Hot]]'' [[Billboard Hot 100|100]] after [[Kanye West]] sampled it on "[[Father Stretch My Hands, Pt. 2]]" (2016).<ref name="Fact-2016" /> Some record labels and other [[music licensing]] companies have simplified their clearance processes by "pre-clearing" their records.<ref>{{Cite web |date=2019-09-13 |title=Future of sample clearance: As easy as tagging friends on Facebook? |url=https://www.musictech.net/features/opinion-analysis/future-sample-clearance-technology-facebook/ |access-date=2021-06-04 |website=MusicTech |language=en-GB |archive-date=4 June 2021 |archive-url=https://web.archive.org/web/20210604022936/https://www.musictech.net/features/opinion-analysis/future-sample-clearance-technology-facebook/ |url-status=live }}</ref> For example, the Los Angeles record label [[Now-Again Records]] has cleared songs produced for West and [[Pusha T]] in a matter of hours.<ref>{{Cite magazine |last=Weingarten |first=Christopher R. |date=2018-06-28 |title=Inside the Labels Where Kanye West Finds Many of His Best Samples |url=https://www.rollingstone.com/music/music-news/kanye-wests-summer-of-samples-how-two-reissue-labels-helped-make-wyoming-funky-666876/ |magazine=Rolling Stone |language=en-US |access-date=2021-06-04 |archive-date=7 May 2019 |archive-url=https://web.archive.org/web/20190507195305/https://www.rollingstone.com/music/music-news/kanye-wests-summer-of-samples-how-two-reissue-labels-helped-make-wyoming-funky-666876/ |url-status=live }}</ref><ref>{{Cite web |last=Needham |first=Jack |date=November 29, 2019 |title=How to sample without getting sued |url=https://www.redbull.com/ie-en/sampling-history-and-how-to-not-get-sued |access-date=2021-06-04 |website=Red Bull |language=en |archive-date=4 June 2021 |archive-url=https://web.archive.org/web/20210604022942/https://www.redbull.com/ie-en/sampling-history-and-how-to-not-get-sued |url-status=live }}</ref>
=== Lawsuits === In 1989, the [[The Turtles|Turtles]] sued [[De La Soul]] for using an unlicensed sample on their album ''[[3 Feet High and Rising]].'' The Turtles singer, [[Mark Volman]], told the ''[[Los Angeles Times]]'': "Sampling is just a longer term for theft. Anybody who can honestly say sampling is some sort of creativity has never done anything creative." The case was settled out of court and set a [[legal precedent]] that had a [[chilling effect]] on sampling in hip-hop.<ref name="Runtagh-2016">{{Cite news |last=Runtagh |first=Jordan |date=2016-06-08 |title=Songs on Trial: 12 Landmark Music Copyright Cases |url=https://www.rollingstone.com/politics/politics-lists/songs-on-trial-12-landmark-music-copyright-cases-166396/de-la-soul-vs-the-turtles-1991-61686/ |url-status=live |archive-url=https://web.archive.org/web/20181014165007/https://www.rollingstone.com/politics/politics-lists/songs-on-trial-12-landmark-music-copyright-cases-166396/de-la-soul-vs-the-turtles-1991-61686/ |archive-date=14 October 2018 |access-date=2018-10-12 |magazine=Rolling Stone |language=en-US}}</ref> [[File:Biz Markie 2016.jpg|thumb|[[Biz Markie]] in 2016]] In 1991, the songwriter [[Gilbert O'Sullivan]] sued the rapper [[Biz Markie]] after Markie sampled O'Sullivan's "[[Alone Again (Naturally)]]" on the album ''[[I Need a Haircut]]''. In ''[[Grand Upright Music, Ltd. v. Warner Bros. Records Inc.|Grand Upright Music, Ltd. v. Warner Bros. Records Inc]],'' the court ruled that sampling without permission infringed copyright. Instead of asking for royalties, O'Sullivan forced Markie's label, [[Warner Bros. Records|Warner Bros]], to recall the album until the song was removed.<ref name="auto2">{{Cite book |last=George |first=Nelson |url=https://play.google.com/books/reader?printsec=frontcover&output=reader&id=7TRApef2zW4C&pg=GBS.PT94.w.5.0.78 |title=Hip Hop America |date=2005-04-26 |publisher=Penguin |isbn=9781101007303 |language=en |access-date=11 December 2016 |archive-url=https://web.archive.org/web/20170323224200/https://play.google.com/books/reader?printsec=frontcover&output=reader&id=7TRApef2zW4C&pg=GBS.PT94.w.5.0.78 |archive-date=23 March 2017 |url-status=live}}</ref>
The journalist [[Dan Charnas]] criticized the ruling, saying it was difficult to apply conventional copyright laws to sampling and that the American legal system did not have "the cultural capacity to understand this culture and how kids relate to it".<ref>{{Cite web |last=Philips |first=Chuck |date=1992-01-01 |title=Songwriter wins large settlement in rap suit |url=https://www.latimes.com/archives/la-xpm-1992-01-01-ca-1136-story.html |access-date=2022-08-06 |website=[[Los Angeles Times]] |language=en-US |archive-date=29 August 2022 |archive-url=https://web.archive.org/web/20220829054020/https://www.latimes.com/archives/la-xpm-1992-01-01-ca-1136-story.html |url-status=live }}</ref> In 2005, the writer [[Nelson George]] described it as the "most damaging example of anti-hip-hop vindictiveness", which "sent a chill through the industry that is still felt".<ref name="auto2" /> In the ''[[The Washington Post|Washington Post]]'', Chris Richards wrote in 2018 that no case had exerted more influence on pop music, likening it to banning a musical instrument. Some have accused the law of restricting creativity, while others argue that it forces producers to innovate.<ref name="Richards">{{cite news |last=Richards |first=Chris |title=The court case that changed hip-hop — from Public Enemy to Kanye — forever |url=https://www.washingtonpost.com/opinions/the-court-case-that-changed-hip-hop--from-public-enemy-to-kanye--forever/2012/07/06/gJQAVWr0RW_story.html |url-status=live |archive-url=https://web.archive.org/web/20181012214521/https://www.washingtonpost.com/opinions/the-court-case-that-changed-hip-hop--from-public-enemy-to-kanye--forever/2012/07/06/gJQAVWr0RW_story.html |archive-date=12 October 2018 |access-date=2018-10-12 |newspaper=Washington Post |language=en}}</ref>
Since the O'Sullivan lawsuit, samples on commercial recordings have typically been taken either from obscure recordings or cleared, an often expensive option only available to successful acts.<ref name="Richards" /> According to the ''Guardian'', "Sampling became risky business and a rich man's game, with record labels regularly checking if their musical property had been tea-leafed."<ref name="McNamee-2008" /> For less successful artists, the legal implications of using samples pose obstacles; according to ''Fact'', "For a bedroom producer, clearing a sample can be nearly impossible, both financially and in terms of administration."<ref name="Fact-2016"/> By comparison, the 1989 [[Beastie Boys]] album ''[[Paul's Boutique]]'' is composed almost entirely of samples, most of which were cleared "easily and affordably"; the clearance process would be much more expensive today.<ref name="samples2">{{cite journal |last=Tingen |first=Paul |date=May 2005 |title=The Dust Brothers: sampling, remixing & the Boat studio |url=http://www.soundonsound.com/sos/may05/articles/dust.htm |url-status=live |journal=[[Sound on Sound]] |location=Cambridge, UK |publisher=SOS Publications Group |issn=1473-5326 |archive-url=https://web.archive.org/web/20160529161250/http://www.soundonsound.com/sos/may05/articles/dust.htm |archive-date=29 May 2016 |access-date=July 25, 2011}}</ref> The ''Washington Post'' described the modern use of well known samples, such as on records by Kanye West, as an act of [[conspicuous consumption]] similar to flaunting cars or jewelry.<ref name="Richards" /> West has been sued several times over [[List of Kanye West samples and sampling disputes|his use of samples]].<ref name="Fact-2016" />
==== ''De minimis'' use ==== In 2000, the jazz flautist [[James Newton (flutist)|James Newton]] filed a claim against the Beastie Boys' 1992 single "[[Pass the Mic]]", which samples his composition "Choir". The judge found that the sample, comprising six seconds and three notes, was ''[[de minimis]]'' (small enough to be trivial) and did not require clearance. Newton lost appeals in 2003 and 2004.<ref>{{Cite magazine |date=2004-11-09 |title=Beastie Boys Emerge Victorious In Sampling Suit |url=http://www.billboard.com/articles/news/65708/beastie-boys-emerge-victorious-in-sampling-suit |url-status=live |magazine=Billboard |archive-url=https://web.archive.org/web/20171119031101/http://www.billboard.com/articles/news/65708/beastie-boys-emerge-victorious-in-sampling-suit |archive-date=19 November 2017 |access-date=2020-05-24}}</ref><ref name="Gardner-2016">{{Cite web |last=Gardner |first=Eriq |date=2016-06-02 |title=Madonna gets victory over 'Vogue' sample at appeals court |url=https://www.hollywoodreporter.com/business/business-news/madonna-gets-victory-vogue-sample-898944/ |access-date=2022-12-17 |website=[[The Hollywood Reporter]] |language=en-US |archive-date=17 December 2022 |archive-url=https://web.archive.org/web/20221217105114/https://www.hollywoodreporter.com/business/business-news/madonna-gets-victory-vogue-sample-898944/ |url-status=live }}</ref>
In the 2005 case ''[[Bridgeport Music, Inc. v. Dimension Films]]'', the hip-hop group [[N.W.A]]. were successfully sued for their use of a two-second sample of a [[Funkadelic]] song in the 1990 track "[[100 Miles and Runnin' (song)|100 Miles and Runnin']]". The [[United States Court of Appeals for the Sixth Circuit]] ruled that all samples, no matter how short, required a license.<ref name="Fact-2016"/> A judge wrote: "Get a license or do not sample. We do not see this as stifling creativity in any significant way."<ref name="Gardner-2016" />
As the Bridgeport judgement was decided in an American [[United States courts of appeals|circuit court]], lower courts ruling on similar issues are bound to abide by it.<ref name="Fact-2016" /> However, in the 2016 case ''[[VMG Salsoul v Ciccone]]'', the [[United States Court of Appeals for the Ninth Circuit]] ruled that [[Madonna]] did not require a license for a short horn sample in her 1990 song "[[Vogue (Madonna song)|Vogue]]". The judge Susan Graber wrote that she did not see why sampling law should be an exception to standard ''de minimis'' law.<ref name="Gardner-2016" />
In 2019, the [[European Court of Justice]] ruled that the producers [[Moses Pelham]] and Martin Haas had illegally sampled a drum sequence from the 1977 [[Kraftwerk]] track "[[Metal on Metal (song)|Metal on Metal]]" for the [[Sabrina Setlur]] song "Nur Mir". The court ruled that permission was required for recognizable samples; modified, unrecognizable samples could still be used without authorization.<ref name="BBC News-2019">{{Cite news |date=2019-07-30 |title=Kraftwerk win 20-year sampling copyright case |url=https://www.bbc.com/news/entertainment-arts-49162546 |url-status=live |archive-url=https://web.archive.org/web/20200305163520/https://www.bbc.com/news/entertainment-arts-49162546 |archive-date=5 March 2020 |access-date=2020-02-01 |work=[[BBC News]] |language=en-GB}}</ref>
== See also == * [[Remix]] * [[Mashup (music)]] * [[Chopped and screwed]] * [[Musical quotation]] * [[Plunderphonics]] * [[Recombinant culture]] * [[Riddim]] * [[Beat slicing]]
== External links ==
* [[WhoSampled]], a website that catalogs samples
==References== {{reflist|colwidth=30em}}
==Further reading== * [[Jeremy John Beadle|Beadle, Jeremy J]]. ''Will Pop Eat Itself?: Pop Music in the Soundbite Era'' (1993) *Katz, Mark. "Music in 1s and 0s: The Art and Politics of Digital Sampling." In ''Capturing Sound: How Technology has Changed Music'' (Berkeley: University of California Press, 2004), 137–57. {{ISBN|0-520-24380-3}} *McKenna, Tyrone B. (2000) [http://www2.warwick.ac.uk/fac/soc/law/elj/jilt/2000_1/mckenna/?textOnly=true "Where Digital Music Technology and Law Collide – Contemporary Issues of Digital Sampling, Appropriation and Copyright Law"] ''Journal of Information, Law & Technology''. * Challis, B (2003) [https://web.archive.org/web/20080723224325/http://www.musiclawupdates.com/index_main.htm "The Song Remains The Same – A Review of the Legalities of Music Sampling"] * {{cite book|first1= Kembrew |last1= McLeod |author-link= Kembrew McLeod |first2= Peter |last2= DiCola|title = Creative License: The Law and Culture of Digital Sampling |url= https://archive.org/details/creativelicensel00mcle |url-access= registration | publisher = Duke University Press| year = 2011 | isbn =978-0-8223-4875-7}} *Ratcliffe, Robert. (2014) [https://dj.dancecult.net/index.php/dancecult/article/view/369/459 "A Proposed Typology of Sampled Material within Electronic Dance Music."] ''Dancecult: Journal of Electronic Dance Music Culture'' 6(1): 97–122. *{{cite book|first=Nate|last=Patrin|title=Bring That Beat Back: How Sampling Built Hip-Hop|year=2020|publisher=University of Minnesota Press|isbn=978-1-5179-0628-3}}
{{Commons category|Sampling (music)}} {{Wikiquote|Sampling}}
{{Music production}} {{DJing}} {{Appropriation in the Arts}}
{{DEFAULTSORT:Sampling}} [[Category:Sampling (music)| ]] [[Category:DJing]] [[Category:Hip-hop production]] [[Category:Music controversies| ]] [[Category:Plagiarism controversies]]