As artists, it is easy to get inspired by music you have heard at a point in time. A section of a song can light a bulb in your head and be the basis of an all-new track. That is where sampling comes in. In music, sampling is the reworking of a portion of a sound recording in another recording.
Sampling sparks an “aha” moment for the listener too when they recognize the original sound that has been used in a new creative way. I remember hearing the hook on Wizkid’s “Manya” and immediately knowing that it was heavily influenced by “Ahomka WoMu” by Ghanaian hip-life legends VIP.
Though sampling can be seen as flattering to the original author, you must be very cautious about not violating any intellectual property laws. Knowing what to do so that an attempt at sampling does not turn into copyright infringement is very important for any artist. Now this is the part of music production that oftentimes becomes tedious and even boring for artists, but don’t worry, this article will describe the process in the most concise way:
Right, lets get into it…
So what you need to know is that Intellectual Property Law protects the rights of creatives when it comes to the use of their creations. Among the core components of this is Copyright Law which comes into play the most when it comes to sampling. Copyright basically gives a creator ownership rights over their production and protects it from being used without their consent (as you can see consent is important everywhere).
Using an author’s copyrighted works without their consent in any way will be seen as a copyright infringement. Imagine having to be sued just because you forgot to ask Pataapa if you could rework 15 seconds of one of his hit songs. Proper premium tears.
Now imagine you are back in high school and you need to turn in an assignment. You ask your friend to let you copy his and he says “Ok fine, but you need to change it a little.” Sampling works the same way. Artists ALWAYS have to ask for permission before they use a recording as a sample.
The only exception to the Consent rule in sampling in Ghanaian can be found in its Copyright Act[1] which gives a person permission to reproduce any copyrighted work without seeking the consent of the author if the reproduction is to be used for PERSONAL use and personal use only.
Seeking clearance for a sample can be done by reaching out to the original author’s team or the author themselves for permission to use their work. You let them know your interest in their sound and then come to an agreement as to how you both can benefit. Being respectful of another’s creativity this way is not only respectable but it also helps you avoid legal trouble.
Take for example Robin Thicke’s “Blurred Lines” that led to Marvin Gaye’s family suing the Canadian artist for copying Gaye’s “Got to Give It Up”. The R&B legend’s family eventually won $5.3 million for copyright infringement all because the necessary permission was not given.
There is however a very surprising lack of such copyright infringement cases in Ghana and dare I say Africa as a whole. To say that this is a good thing may be a bit premature. It raises questions as to whether or not clearance was actually given to the sampling artists by the original authors and if credit has been duly given to the original author as well.
As was mentioned earlier in this article, there’s nothing better than showing respect to an artists craft and giving credit where it is due is one of the ways to do so. Even more noteworthy is the fact that you can actually be sued for not giving credit.
Setting a legal precedent with regards to sampling will go a long way in upholding the various copyright laws in Africa and make for a more efficient music industry as well.
It will create an environment where people are paid what they are due for creating works of art and where all artists are given the recognition they deserve. Not that this article is encouraging unnecessary litigation but rather a necessary shake-up that will lead to a more respectful and symbiotic music industry that will be to the benefit of all parties involved.
[1] Section 19 (1) (a) of Copyright Act, 2005 (Act 619)
