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A hip hop act has sampled a couple of my songs, what next?

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A hip hop act has sampled a couple of my songs, what next?

Postby Handlestash » Wed Nov 07, 2012 3:11 pm

Hello all,

A friend of mine in Canada has used samples from a couple of my songs for a couple of tracks on his new record.
The samples form the backing for the entire length of his tracks with some added synth and beatz and rapping by him. Thankfully they're really good.
My question is this. What, if anything, should I expect by way of credit or compensation?

Anto.
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Re: A hip hop act has sampled a couple of my songs, what next?

Postby lukeandrewhill » Wed Nov 07, 2012 4:41 pm

don't "expect" anything - you own the copyright for the tracks, so you can enforce your rights against him, or negotiate an appropriate fee/royalty for allowing him to use the music. There is nothing automatic. As he is a friend I'd suggest a friendly approach asking for whatever cut of any money the tracks make you think you can get away with while retaining your friendship. And a mention that you have been sampled at the very least so that you can get some publicity if things go well.

L
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Re: A hip hop act has sampled a couple of my songs, what next?

Postby GaryM » Wed Nov 07, 2012 4:43 pm

Handlestash wrote:What, if anything, should I expect by way of credit or compensation?

He needs your permission to sample your work, so you sell him a licence for whatever the two of you agree is fair. That could be anything from a mention in the liner notes to a big bag of cash.
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Re: A hip hop act has sampled a couple of my songs, what next?

Postby Handlestash » Wed Nov 07, 2012 6:32 pm

Thanks guys.
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Re: A hip hop act has sampled a couple of my songs, what next?

Postby Handlestash » Tue Nov 13, 2012 3:55 pm

Update:
I contacted my friend and asked him if he had included my credit on the liner notes. He said he was just going to put 'guitar by...'
Cheeky monkey. Makes it sound like he wrote the whole thing himself.
I replied and said while I was happy to let him use the samples for free I think credit where credit is due is appropriate. For example, 'song title' uses a sample from 'song title' by 'composers full name'. I've seen that on other hippidy hop records.
Fair?
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Re: A hip hop act has sampled a couple of my songs, what next?

Postby ken long » Tue Nov 13, 2012 3:59 pm

Handlestash wrote: For example, 'song title' uses a sample from 'song title' by 'composers full name'. I've seen that on other hippidy hop records.
Fair?

If I were him, I'd also add "usage granted by permission of the copyright owner" or something similar but really, it will boil down to what you've both agreed in writing .
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Re: A hip hop act has sampled a couple of my songs, what next?

Postby lukeandrewhill » Tue Nov 13, 2012 4:34 pm

its YOUR copyright in the material he has used. You can therefore tell him he can't use it at all if you want. You make it sound like you are powerless to prevent him from sampling your material, but legally he is powerless to prevent you from not allowing him to use it.

That is without question the most cack-handed sentence I have written in a while but I think it is still true.

He has to do what you ask or you can prevent him from using your material. That is clearer.
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Re: A hip hop act has sampled a couple of my songs, what next?

Postby Scramble » Tue Nov 13, 2012 4:43 pm

>He has to do what you ask or you can prevent him from using your material.

Yes, you should make that clear to him and hope it works.

I say "hope it works" because if he goes ahead and uses it anyway there's not much you can do in that situation other than take legal action against him, and unless the song becomes a big hit that's unlikely to be worth it financially or worth it in terms of the friendship. So saying "you can prevent him" doesn't amount to much in reality, although it's still worth stressing to him that it's your decision whether you let him use the material and under what conditions.
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Re: A hip hop act has sampled a couple of my songs, what next?

Postby Handlestash » Tue Nov 13, 2012 5:10 pm

I know I'm not powerless. In fact I'm a very powerful being. Like, almost superhuman and [ ****** ].
Anyway, as I said originally, he's a friend and I don't want to be all, 'hey bro' where's m'benjemins. Brother gotta get paid'. Isn't that how hip hopsters talk?
I reckon we'll work it out.
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Re: A hip hop act has sampled a couple of my songs, what next?

Postby Jeraldo » Tue Nov 13, 2012 6:03 pm

Handlestash wrote:
Anyway, as I said originally, he's a friend and I don't want to be all, 'hey bro' where's m'benjemins. Brother gotta get paid'. Isn't that how hip hopsters talk?
I reckon we'll work it out.

I can't understand why you're still referring to this person as a "friend."

He isn't one.
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Re: A hip hop act has sampled a couple of my songs, what next?

Postby johnny h » Tue Nov 13, 2012 6:15 pm

Jeraldo wrote:
Handlestash wrote:
Anyway, as I said originally, he's a friend and I don't want to be all, 'hey bro' where's m'benjemins. Brother gotta get paid'. Isn't that how hip hopsters talk?
I reckon we'll work it out.

I can't understand why you're still referring to this person as a "friend."

He isn't one.
Says who?
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Re: A hip hop act has sampled a couple of my songs, what next?

Postby Gone To Lunch » Tue Nov 13, 2012 11:36 pm

Handlestash wrote:

I reckon we'll work it out.



If, so, great...but then why post the question in the first place.....it suggests some niggling anxiety about not getting your just rewards for your work, perhaps ?
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Re: A hip hop act has sampled a couple of my songs, what next?

Postby Handlestash » Wed Nov 14, 2012 3:57 pm

No niggling anxiety. When I posted the question originally I genuinely didn't know what to expect.
I got an answer.
I emailed my friend, and yes I still consider him a friend, and he emailed me back and said he'd change the credit to whatever I wanted. This indicated to me that he's not an unreasonable person hence my optimism that we can work it out. I posted the update for further clarification.
Peace out bitches.
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Re: A hip hop act has sampled a couple of my songs, what next?

Postby lukeandrewhill » Wed Nov 14, 2012 4:05 pm

good result then. Agree with the earlier comment that it is really hard to police unless the tune starts making some proper cash, but glad you got it sorted. Just have a think though - what if it did make an absolute pile of cash - would you still be happy for him just to acknowledge you rather than pay you, even a small percentage?

Just something to think about...

I will now peace out as suggested.

L
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Re: A hip hop act has sampled a couple of my songs, what next?

Postby Handlestash » Wed Nov 14, 2012 4:15 pm

lukeandrewhill wrote:good result then. Agree with the earlier comment that it is really hard to police unless the tune starts making some proper cash, but glad you got it sorted. Just have a think though - what if it did make an absolute pile of cash - would you still be happy for him just to acknowledge you rather than pay you, even a small percentage?

Just something to think about...

I will now peace out as suggested.

L

Absolutely.
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Re: A hip hop act has sampled a couple of my songs, what next?

Postby balvenie » Fri Nov 16, 2012 11:20 pm

Unless you have listed your track on your label or your publisher, there is little chance that you will get anywhere. Court is expensive so put it down to naivity.
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Re: A hip hop act has sampled a couple of my songs, what next?

Postby Handlestash » Tue Nov 20, 2012 2:45 pm

Naivety? Were you born knowing this stuff? Because I sure wasn't.
That's why I posted the question in the first place.
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Re: A hip hop act has sampled a couple of my songs, what next?

Postby balvenie » Sat Nov 24, 2012 11:01 pm

Take a deep breath. I bought books and made my techno boys a lot of money by learning the money trade and being a very honest person.
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Re: A hip hop act has sampled a couple of my songs, what next?

Postby Handlestash » Sat Nov 24, 2012 11:58 pm

Oh, you're talking about naivety on their part.
That wasn't terribly clear.
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Re: A hip hop act has sampled a couple of my songs, what next?

Postby balvenie » Fri Nov 30, 2012 7:14 pm

Handlestash wrote:Hello all,

A friend of mine in Canada has used samples from a couple of my songs for a couple of tracks on his new record.
The samples form the backing for the entire length of his tracks with some added synth and beatz and rapping by him. Thankfully they're really good.
My question is this. What, if anything, should I expect by way of credit or compensation?

Anto.

I expect you will lose a friend,and I wonder why you are not discussing this with him instead of whinging on a forum. Work out a deal, or if I suspect, you have no clue as to how your music fits in percentage wise, then read a book and get more wizziieer next time.

Edited to remove unnecessarily rude and inaccurate claim - HR
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