bellanoche said:

You are right. I work for a music publishing company and all samples must be cleared by the copyright owner. Prince owns his works and only administers his catalogue through Universal publishing, so they would need to seek clearance from him and agree a percentage of the new composition.

If an artist fails to clear a sample in a new work by these means, the owner of the sampled original work has the right to claim 100% credit of the new work or can stop the release based on copyright infringement. Richard Ashcroft sampled "THE LAST TIME" by the Rolling Stones on "BITTER SWEET SYMPHONY" and did not clear the use, so now the writers of "THE LAST TIME" collect all income every time "BITTER SWEET SYMPHONY" is played.

Hope that makes sense...

Regardless if Prince did let them use the sample, I'm sure he didn't know that the resulting song would be so awful. I bet he almost regrets letting them use the sample now.

sosgemini said:

a cover does not require permission. a sample (be it directly from the record, or a newly re-created portion of the song itself) requires permission.

blacksweat said:

blacksweat, what about this case:http://en.wikipedia.org/w...ng_lawsuit

coolcat said:

it's pretty self explanatory in the link you posted.

but also, keep in mind, that you might get a slightly different ruling with each judge that a case is taken to.

Raze said:

that's my understanding as well. Anyone can cover a song as long as they pay up to the copyright owner. Samples which are using an actual piece of someone else's work, must be permitted, much like the way permission must be given to use an actual song in a commercial or permission given to reproduce printed materials.

Here's further example, look at all the cover and tribute bands playing out in bars and clubs all over. Look up Stones tribute bands online, you'll find a bunch with "sample clips" of their live cover performances of Stones tracks posted on their websites- Mick's not trying to take those down. Now, I believe there are some regulations where bands are supposed to pay fees monthly when they cover stuff, but from dealing with plenty of local bands I can tell you- at least around here- that never happens. (There's generally no money to be made for the artists, and live cover bands can be great promotion, similar to hearing the songs on the radio). If they ever got a record deal however- then they would have to pay to cover the song and put it on an album, or sell a video, etc. but not need permission to do so. Major acts, I believe, charge a lot of money to cover their material for a recording but the setting of fees is something I don't know much about and will have to research.

excuse me while i go commit suicide

those who can answer our questions r proffi musicians and don't have time for orger

NovaAngel said:

"Minstrelicious! StepinFetchtastic!!"

NuPwr319 said:

LIL WAYNE was pretty hot I think
I bet it sells more than the new guitar single?

its good for southern rap and good for prince

it will make him relevant to teenagers again and not a joke to them like they do now cuz he aint gangster and they think he gay

mirrorbestfriend said:

Wow.....

InsatiableCream said:

LOL!! I was considering homicide myself but I'm allergic to incarceration.

mirrorbestfriend said:

Graycap23 said:

Not that it is a good thing but Wayne IS the hottest rapper out right now. Unfortunately the way he is butchering the song and the fact that most teens that listen to Wayne have probably never heard D&P i don't this is good exposure for P's song to a younger audience. But yeah Wayne is considered the hottest rapper out right now. It will probably outsell the Guitar single.

mirrorbestfriend said:

mirrorbestfriend said:

yeah right! if anything, if they ever hear D&P they'll think P ripped off Lil Wayne

It reminds me of the story of the kids who went to go see the musical Annie and when they sang "Hard Knock Life" they yelled "OMG THEY STOLE THAT FROM JAY-Z!"

FruitToAttractBears said:

thats true they will say prince stole from lil wayne

FruitToAttractBears said:

yeah that happens alot with youngsters. But Wayne is on fire right now in the rap world. I can't stand him, but its the truth. I think there are people on the org who are getting it twisted. Wayne is shitty to say the least but his record sales don't lie. He's poppin right now. I don't know why but he is and I'd be lying to come on here and ignore that fact.

adorable2 said:

his vocal delivery is different than any other rapper thats why he is so hot.....he sounds drunk all the time ...thats hot to youngsters

mirrorbestfriend said:

coolcat said:

Another great example!

blacksweat said:

But they got away with it... the judge says that they didn't have to clear the publishing copyright... only the sound recording copyright... the judge threw out the lawsuit.
[Edited 6/1/07 13:24pm]

mirrorbestfriend said:

i guess so. but he stole his swagger from Gillie Da Kid, cash money's former ghost writer.

FruitToAttractBears said:

God Almighty.

murph said:

But don't they SELL mixtapes???? I don't think it matters whether it's official or not.

i like it

murph said:

That's illegal. If this is what happened, then I won't be surprise if Prince sues...

I like it. It's pretty hot. I think they did a good job.