These days, I'm scratching and SAMPLIIING.

Scratching and Sampling

Ever heard Kanye and Jay-Z's "Otis" from their duo album, "Watch The Throne"? If so, then you have heard a very clear example of music sampling. In music, sampling is the act of taking a portion of one sound recording and reusing it as an instrument or a sound recording in a different sound or piece. In this recording, Kanye and Jay-Z sampled the popular Otis Redding's "Try A Little Tenderness". Over the years, the amount of sampling in music has grown in popularity, especially with the emergence of the digital age and the availability of devices such as the MIDI (Musical Instrument Digital Interface). With equipment such as this, artists are allowed more ease and affordability in music sampling. There is an ongoing and unresolved debate in the music world as to whether this practice is "creative or criminal". 

A Few of Kanye West's Sampled Songs

There have been several lawsuits on the terms of copyright infringement where samples were used. There have been a variety of outcomes and seems that each case differs depending on its circumstances. The issue that remains to be determined is the legality of music sampling and the limitations of the same. The United States Copyright Laws do not address music sampling directly. This makes it particularly arduous for an artist to acquire a license to sample music. Additionally, it means that the rights holder has complete control over the terms of the license, as they are not held to any legal obligations. They control the pricing as well as subsequent royalties. Being this difficult, many artists resort to the "catch me if you can" attitude.

At the point where copyright suits are brought upon an artist, there are a few defenses that have been suggested, among which the fair use doctrine. The fair use doctrine permits the copying of copyrighted material under certain circumstances, such as news reporting, teaching, and research. Under this defense, the defendant must pass the four factor test, which includes:

• the purpose and character of your use
• the nature of the copyrighted work
• the amount and substantiality of the portion taken, and
• the effect of the use upon the potential market.

The burdening task at hand for the artist is whether to pursue a license or to take the chance of brought to suit. The necessary step for the government is to configure the guidelines surrounding sampling, including revising the process to make it easier for artists to engage in the creativity of sampling. As J. Cole stated in his "2014 Forest Hills Drive" album, he remarked that copyright owners should be more open to allow artists to sample their music by stating "you was inspired by the world, allow the world to be inspired by your shxx". I am inclined to side with J. Cole, as the copyright law arguably supports his very argument in that it allows a work to become available for public domain after a certain number of years. The catch to this law is that the time frame is SIGNIFICANTLY unreasonable. If created after 1977, a work becomes public domain 70 years after the death of the author. For example, if I wanted to use a sample from Lauryn Hill's "X-Factor", which was released in 1998, assuming she lives to be 75 years old, I would have to wait until 2051 before it's public domain. WHAT!? 

The argument over music sampling is opposed by Otis Redding's daughter, when discussing Kanye's desire to use the sample of her father's song. Karla Redding-Andrews expressed that she was honored that Kanye West wanted to use her father's work. I honestly believe more people should feel this same way, especially when a legitimate artist is trying to properly obtain a license to use your work. In the words of the character, Jerome, from the 1990s show, "Martin", "these days I'm scratching and sampling". And as an artist myself, I'd too be honored if another artist wanted to sample my work.