[rumori] The Sample Clearance Fund: A proposal

Nicola Battista [rumori] The Sample Clearance Fund: A proposal
Wed, 26 Aug 1998 00:20:14 +0200 (00904112414,

At 08.40 26/08/98 -0700, you wrote:

>I doubt Bob is actually proposing some kind of enforced sample payment
>scheme only for "MC Hammer types". However, I thought I'd just mention
>overtly the problem this idea brings up: you get into the area of deciding
>what is a "musically dependant" use of a sample, and what is not. In
>essense we're hinting at a "high art" vs. "low art" sort of distinction
>here. But who's going to decide? Is some government agency going to
>figure out whether a song is derivative or innovative, and then make all
>the Puff Daddies of the world pay for samples and let all the Negativlands
>(or even Cold Cuts) off free?
>I don't think so.

I don't think an agency should decide. Infact, YOU should decide by
assigning that percentage to the Fund, in my scheme... you think you have
this track and have used 20 RECOGNIZABLE samples from tracks assigned to
the Fund, so you assign a percentage to the Fund. It's not the "office" "agency" or whatever that decides. For me, Puff daddy is trashy. For someone else, it could be high art. So I
would never mean to assign such a task to an Agency. Hope I explained my

>Just for fun I'll just mention a 2 example problem pieces that such a
>mythical agency might have trouble with:
>"Rebel Without a Pause (whipped cream mix)" by the Evolution Control
>"Pretender" by John Oswald

I'm afraid I don't know these tracks (but I'm trying to find more Oswald
stuff so maybe I will have at least one of them soon). Anyway: is the
original clearly recognizable (no matter if the original bit is 1 sec or 2
mins long)? If so, for me they ARE "musically dependent" from their original sources. Just like "Doctorin'the Tardis" by The Timelords is dependent from Doctor Who Theme, Sweet and Gary Glitter, JAMS'"The Queen and I" is dependent from Abba's "Dancing Queen" and the Sex Pistols'"God Save the Queen", and just like MARRS' "Pump up the volume" is dependent from several stuff: Criminal Element Orchestra's "Put a needle to the record", Public Enemy, some Iranian record, a Kool & The Gang loop and more, and especially -for its hookline- from "I know your got soul" by Eric B & Rakim, that owes largely to a James Brown track. And I am not questioning on the extreme originaly of all these works.
The Timelords/KLF's Manual says that they didnt play a signle note on
Doctorin the Tardis, yet they felt it as *their* original work, as if they
had been closed for months in a studio trying to create a masterpiece from
scratch... so -again- I'm not questioning "originality". Even Puff Daddy may have "originality" ;) in a certain sense as he made a rap/soul version of a Police track and no one before had done that.

>Mark G. pay for his use of Herb Alpert and Public Enemy? Should Oswald pay
>for using Dolly Parton?
>I say, no. Someone else is going to say yes.

I'd say MAYBE. See above..

Nicola (Dj Batman) Battista