Samples have been a part of rap music since it began, but ever since a famous 90's lawsuit against Biz Markie, musicians have required rappers to pay when their songs are sampled for a rap song. This can lead to a whole host of problems; you may not be able to get the rights to a sample, or you may not be able to afford it. Here's a look at a few ways to avoid sampling fees when making a beat for a rap song.
1. Using Public Domain Songs. Granted, if you're using public domain tunes and older tunes that no longer have applicable copyrights, you're not going to find lush soul backings or hip modern funk tunes, but a knowledgeable and talented rap producer can still make a great beat from older music by using drum machines and other instruments to give a beat life. You can find a list of songs that are in the United States public domain at this link, which goes to a list provided by Public Domain Info.com.
2. Bringing In Musicians. One popular way to avoid sampling costs is to bring professional musicians in to re-record a particular sample. This avoids sampling fees for hip-hop production, although you'll still need to pay as if you're doing a cover song of the tune you're sampling. These rates are often much lower, and unlike samples, the original artist cannot deny a rap producer the ability to use musicians to re-record a sample, although you will have to properly notify the original musician of the cover tune and pay royalties. A guide on how to do this legally is provided here through CDBaby.com.
3. Making it Free - If you don't make money off of a beat with a sample, you could legally argue that you're not entitled to pay any royalties. However, the rapper using the beat should be able to prove that he doesn't gain financially at all from the beat--if you sell it at shows, you're still in legal hot water, and be careful if a sample is a significant part of the original tune, as posting it on your website could open you up to copyright violation allegations (the same as if you'd put a free mp3 up that was entirely of the other artist's work). Realistically, though, if the sample isn't huge, you shouldn't be in legal trouble to post your mp3s.
4. Sampling Service - If you've got a really hot rap beat with a sample in it that you just can't bear to give up, it's advisable to look online for a sampling service that can get the proper rights and arrange for payments of royalties once your song is released. These services handle all the legal aspects and let you focus on the music, but be aware that you may pay a large portion of your royalties for song plays and sales to the sampled artist.
Do you have any other tips for avoiding sampling fees for rap songs? Post in our comments section below.
