The Business of Sampling vs Artiste Features

Making good music has always been about economics. Before the creation of record labels and the like, the process was a far simpler one. Perform a song that resonates with a certain crowd and you will receive payment for your troubles. Present day, the global music industry is a multi-billion dollar one with well-oiled gears to keep the entertainment machinery constantly running. A part of what keeps the industry moving is the ability to look to the past and reuse songs that were hits before. Whether it be a hook, a phrase or a note, producers are not above searching the annals of recorded music to find what they deem to be the perfect fit for their tracks. The reggaeton genre, which came to prominence in the late ‘90s, samples a phrase from Bobby Digital’s “Dem Bow” riddim (which itself samples the Poco Man Jam riddim done by Steely & Clevie), is just the tip of the iceberg when comes to the use of Jamaican music of past to help create the popular music of today. Rihanna, Beyonce, Kendrick Lamar, Kanye West and even Justin Bieber have included quite a few dancehall samples on their most recent chart toppers, but how do the original composers of the sampled work benefit? Who actually reaps the rewards in the long run? What follows is part one of a two-part series set to attempt to clear up the many questions associated with sample clearance and the business behind it.

Tads Junior

From your perspective what is the difference for you between getting a sample as opposed to an artiste feature?

Well if you sample a man ting, you are basically taking a product that is already finished and taking something from it and constructing something new around it. It now becomes your creation. Personally, I like sampling. I like going back into the old era and drawing new things into it. Some producers may not like it in the sense that yuh a sample dem tings and dem feel is a….

Shortcut?

Yeah, or is a disrespect ting. But from we a likkle yute we hear seh for someone to copy yuh is di biggest form of flattery. That means it was worthy of being picked up and going after again. I have some songs where people have sampled things out of it: a kick, a snare, vocals….

Alright, give me an example of two of the more famous samples taken from your catalogue.

Dennis Brown’s “Wildfire”. A man sampled the front roll of it. It is a signature roll from yuh hear it yuh know it right aweh. It don’t matter to me because that means the work was done good enough to grab somebody’s ear.

For something like that, they would need clearance from the producer right?

Well yeah, they are SUPPOSED to get clearance but the majority of the time most people don’t get clearance. They wait until it comes out, the company contacts them and then they go through the process.

Ok so which way you think is more effective; should you wait until you get clearance or just do the song and then get clearance after?

You see that is a touchy thing because, alright you might sample a Anthony B song and Anthony B is more than happy and willing for you to sample that song. He likes the recognition that would come. Then again you might sample Gregory Isaacs and maybe Gregory Isaacs doesn’t like the way you have done his work so right there you could be in problem. If a guy feels that the work he has done was not meant to be used in the way you are using it now in your remix or whatever way you have sampled it to do. That is his right and he can say cease and desist and take down because you did not get clearance. That is the point of going for clearance. It is hard to say because in some instance yuh guh fi it and a person …. Ok, let’s say I wanted to sample something from Beenie Man. I went to Beenie Man and seh Beenie, “well this is di song mi waan touch back” and rae rae. And Beenie seh, “No, not a rassclaat”. Right there all things would have drop down. But let’s say I decide that I am not going to say anything to Beenie Man, I just going to do this song; sample what I am going to sample and shub it a road. Beenie man can come to me at that point and seh, “Blow wow di ting work, yes man” and mi put a money inna him pocket, it could be the same exact song. So it is hard to say, it is on a man vibes if him like it or if him don’t like it. But the right thing to do is to get clearance first. But like I said it can go both ways, it can come back to bite you or it can work out in your favour.

What would be the difference financially between getting an artiste to feature on a track or to get a sample from an already made track?

Yes, there would be a big difference because majority of the artistes inna Jamaica, do not own their work. So you sampling is not going to get clearance from them whether or not you going to use their voice or not. You would have to get clearance from the producer himself. Let’s use Beenie again, Beenie sing ‘Sim Simma’ and I decide that I have a new song and I want to use that punchline that Beenie used in that song. I could just go and get the album and sample it back in, I know I would have to deal wid Patrick Roberts and Universal or whoever was the company that put it out. Versus if I were to get Beenie Man to come back and do it himself. I would only have to pay royalties over to Beenie Man. The company also now could say that the sample that you used in your song we are claiming 100% because that sample is what made that song. So you really have to weigh it, how much do you really want the original voice versus talking to the artiste and seeing if he will give it back to you, da likkle one slang. It is on you, you as the producer haffi know that. Are you willing to go through getting the clearance which is a process, Are you willing to go through the channels of a company or you going to get the artist to do it himself? It is up to you. The artist could always do it back but will it sound the same and have the same feel. That is the reason people sample because you want that same feel.

The artiste voice could change as well….

Ahhhhh…… Especially when you talking about a song done how many years ago. Artiste voice do change over a period of time. Me personally I will sample but to an extent. I am not going to sample Bob Marley because basically if I sample a Bob Marley in this day and time. I have nutten to get out of that song unless I jus mek up my mind that I am just doing this just for promotion on the label.

Well, yeah the amount of money you would have to spend to get the clearance …

And the turnover part, when the song start really making money. If it’s words yuh nuh have nutten fi collect, if it is riddim again still yuh have nutten fi collect.

But how are you going to have a song without riddim or words?

Exactly, that is why if you notice is only Bob pickney sample him.

Because they don’t really have to clear anything…

Right, the other night I was doing a dub album and mi sample ‘Love and Hate’ Dennis Brown but mi nuh haffi worry bout nutten is my song. I don’t have to think about I haffi guh deal wid clearance and who I have to pay. I have to pay myself if I am going to pay anybody you know what I mean. But I will sample. I sample a Super Cat and mi guh fi clearance and it never work out. The publishers just wasn’t with it. But that was also because they didn’t like the idea of where the song was going. Which I understand, yuh know what I mean. Yuh caan fight a man fi him ting. Him done set down fi him works. If you decide seh a man song is saying one ting but di sample you are going to use is going to change the context. Then yuh caan blame him fi turn yuh down.

So what is the cost range for these samples?

There is none. That is set between you, your lawyer, publisher and ting. So you and dem siddung and talk about that. It depends on which artiste you are sampling is the amount you pay. So I caan tell that if Kartel charge yuh $100,000, Beenie going to charge yuh that same $100,000.

It just depends on how you negotiate…

Exactly

Who negotiates these things, you yourself or your lawyers and their lawyers?

At the end of the day it is my lawyer talking back to me. So it is me but I don’t get involved between producers and lawyer ting. I don’t do that, my lawyer deal wid all of that. I tell him, “This is what I am willing to accept, this is what I am willing to pay. I am not taking such and such.” He then goes to you and tells you my terms.

Richie Stephens

Recently Rihanna used one of your tunes and used the backend of that and created a hit song “Work”. What was the original song?

Alright, that whole production was from 1998. The riddim is called ‘Sail Away’ and usually we make a riddim and put a host of artistes on it, create a juggling. Sean Paul was on it, Mr. Vegas, Frisco Kid, Beenie Man and myself….

Was this on your label Pot of Gold?

Yeah, Pot of Gold. It was a good riddin gwaan good fi we especially overseas. So since year I got a call from some people that seh, “Hey we are looking for Richie Stephens.” I said what for, they then said, “We are representing Rihanna and we wanted to say congrats because Rihanna just sampled your riddim and created a new song called “Work” and it will be her first single.” I said are you kidding or yuh serious …..(Laughs)…. So they said no they were serious. So I said ok and put them over to my people to sort out di business part and everything worked out beautifully. What was great also was that Rihanna herself said it, that her new single was created from a riddim that was produced by Jamaican singer and producer Richie Stephens. So she is very grateful and I give thanks for that. It is wonderful to know that after 18 years somebody can pick up something that you do and use it. Someone as BIG as Rihanna.

We are actually doing a story on differences between sampling and an artiste feature on a track. Based on your experience as a producer what is the difference to you?

Ok, we use dem words deh very loosely. Let me put it in perspective even my song wasn’t ‘sampled’. What they did was to take elements from my song and played it over in Rihanna’s song. But sampling is truly when you take a song that has been already been recorded and put elements of it in a new song. Physically, jus tek that song and cut out a piece and put it in that is sampling. So I think we jus seh sample because it is jus a catchy phrase but my song for arguments sake was not sampled it was played over. Melodies from my riddim into Rihanna’s riddim. On a feature is when you go on a song yourself to do it new like if Richie Stephens was invited to go and sing on Rihanna’s song then I would be a featured act. So features, sampling and play over is three different tings.

Which one would you see the better rewards from?

That again is not a general thing to say which one is more beneficial. Listen this now, a man can tek one second of your song and sample it and that determine the value. A man can tek yuh full song and put it inna dem riddim and that is a bigger value or if you go and perform in the song and they provide the lyrics is less than if you came up with your own lyrics. So you see how different it is? It depends on what you do and contribute will determine how well off you will be in the end.