Sampling: the Debate along with some HUGE tracks

While we aim to keep this blog light, sometimes a serious issue comes to my attention that I think should be mentioned. The topic is sampling. California attorney Alan Korn, who specialises in IP, tackled the issue in this brief article. Sampling is illegal due to copyrights, and there are many cases where users have been prosecuted for sampling without the express approval of the owner. Fair Usage doesn't work as a defense because "legal experts agree that for a sample to qualify as fair use, it must be used for purposes such as parody, criticism, teaching, news reporting, research or some non-profit use. Using a sample merely because it sounds good is simply not enough to qualify for protection as fair use."
The issue of sampling is especially relevant when it comes into contact with the genre of electronic music today. So much music is remixed, that it is improbable that the legal permissions for every track are taken. Often, it is mutually accepted that tracks by artists within the genre of electronic music will be remixed by the artists' colleagues and vice versa. So for example, David Guetta releases a new track, and Laidback Luke remixes it, and then Laidback Luke releases a track and David Guetta remixes it. There's no issue, because each remix is distinctive and both artists mutually respect and acknowledge each other. Similarly, so many young producers and DJ's remix well-known tracks. There is a recognition that not so long ago, today's famous producers were in the same position, and so they have no right to try and stop new artists from doing the same.
[upcoming artists like Chris Gaspar of Cold Blank fame sample all the time, and you can especially see this in his new project Fifth Column V]
Travie McCoy feat. Bruno Mars-Billionaire (Fifth Column V Remix)

The problem arises when DJs start remixing tracks from artists outside the electric music sphere. While some artists opt for official remixes when releasing their singles, the wide majority isn't interested, and that leaves a huge margin for DJs to take their liberties and sample the music. If an artist does this with good enough effect, sometimes it will attract lots of attention and eventually sales, and then this raises the legal question of whether they are making money off of someone else's work. This issue was mentioned by Steve Angello when responding to criticism of the Knas sample he used for the song. The sample, which was from a bit of software and that he had every right to use, wasn't the issue, it was an issue of creativity and that eventually led to a debate about sampling. Angello mentioned that everyone samples, and that no-one cares until you start making money off of it. Then it becomes an issue. See the full article here.
[Knas was posted along with a few remixes in some past posts, but here is the song mixed vs Cream, by Glowtape!, and you can see the level of sampling that could potentially raise legal queries.]
Steve Angello VS Cream - Sunshine Of Knas (GlowTape! Mashup)

I think in some cases sampling actually works to some artists' benefit, and that why they shouldn't, or in fact don't, really mind. For example, only a few hip-hop artists and rappers, in the US especially, have really ventured (with the exception of auto-tune) into the world of electronic music. If their music is sampled and the result gains widespread attention, then listeners will become acquainted with artists they a) did not know, or b) had not previously been interested in. 
[Here are examples of how the XX introduce DMX to the indie music world, and Sidney Sampson brings the house world in touch with Dead Prez]
DMX vs The XX - The XX Gon Give It To Ya

Dead Prez - Its Bigger Than Hip-Hop (Sidney Samson Remix)

At the end of the day, I think sampling is fair. While I appreciate the complexities of the issue with regard to copyright law, I feel that the issue of sampling music allows for Fair Use. Once an artist take a track and does enough to it by way of remixing or restructuring, so that it becomes a separate track in its own right, I see no reason for the original artist to feel hard done by. If an artist just adds a few bits of bass and passes it off as his/her own work, that would be unfair. The problem then arises as to who would determine how much change needs to take place for a track to be distinct of the original. 
And here are a few more tracks that are pretty damn good. 
Black Eyed Peas-Rock That Body (Fifth Column V Remix)

Frank Sinatra vs. Flo-Rida feat. David Guetta - Fly Me To The Club (Envision Remix)

Diddy Dirty Money - Hello Good Morning (Erick Morillo & Eddie Thoneick Bootleg Mix)

Enjoy!