by ph00tbag » 22 Jan 2013 17:29
Well, let's talk about several things.
First off, let's talk about the law. This is the easiest one to talk about. If you want to protect yourself legally, the shorter the sample, the more you add to the track to make it your own, and the more you alter the original track, the better. That's pretty much where it ends. There are some places with unlicensed stuff that you can go out and find, which protect you the best, because there's a guarantee of no legal recourse if you don't even bother to credit them. But if it's published by the big three, you're probably at your best if you're trying to keep it from being recognized. The other side of the spectrum is playing back someone else's track, and calling it an "installation piece." ("The DJ" will be on display at MoMa from Feb. 19th 2013 until Mar. 15th 2013 [that was facetious].) Somewhere between there, it becomes illegal.
As far as the ethics, it begins to get blurry really quick. Part of the problem is that sampling's place in the creation of art is nebulously defined. Genuinely creative and engaging stuff is constantly put out which is made almost entirely of stuff recorded by other people. The side of the coin that says that that is absolutely wrong is kind of also saying it's wrong to make music that makes people happy, and demonstrates artistic sensibility. And really Granted, there's always the argument that someone else did the work to produce that recording, and they deserve to be compensated or recognized for it. As far as recognition goes, that's as simple as telling people where you got the sample. But personally, I think licensing samples goes very quickly from fair compensation to gouging, and the ethics of stealing from the people that do that break down pretty quickly. Ultimately, I couldn't say sampling is ethically wrong at any level. It just requires a bit of sensitivity.
Finally, there's the question of artistic merit. This is even harder, since it's really going to depend on what you want to concede to being art. There are people out there who will strenuously argue that "The DJ" would be a very insightful and powerful art installation if it actually existed. And hell, if it got the artist involved his/her paycheck, then who's to say those people are wrong. Then you'd have people who'd note that really, that kind of thing requires very little work or skill. Of course, maybe that's the point. The problem with analyzing the artistic merit of any artistic endeavor is the likelihood that it will precipitate just this kind of navel-gazing. But normally, it's enough to treat sampling as a cool way to experiment and spice up your music, so why not do it.
