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Sampling Other People’s Songs, What Our Musicians Are Ignorant About

Samini
Samini

We live in a country where copyright has become an issue. One may wonder if the copyright laws work in Ghana. Without putting proper measures in place, an artist cannot fully enjoy the fruit of his/her labour.

One important aspect of copyright issue that our musicians are ignorant about is sampling. In music, sampling refers to the act of capturing or taking a section of a person’s sound recording and incorporating it into a new recording. A person can either sample a recorded voice or a programmed beat.

There are certain legalities surrounding sampling elements of another person’s song. These issues, however, I think Ghanaian musicians know next to nothing about them. Songs are being sampled everyday for free without any permission or authorisation from the owners of the work.

Not long after P Square released their hit track, Alingo, one of Ghana’s finest Dancehall artistes, Samini, sampled the ‘Alingo’ beat, which he even used to throw punches at the owners of the beat (P Square). Appietus, a renowned sound engineer in the country, was bashed by a section of Ghanaians when he sampled DJ Cyndo’s ‘Amerido’ beat for 5Five’s ‘Muje Baya’ track.

Before an artiste can sample an already existing recording, permission ought to be granted by the songwriter, the musician who owns the song, or the musician’s record label. Even after granting the permission, the artiste who intend using the sampled work has to pay a license fee to the owner of the song. The license fee depends on the how much of the music is been sampled, the popularity of the song intended to be sampled, and the intended use of the sample in one’s song. Without these, the outcome is tantamount to stealing a person’s intellectual property or infringing on copyright laws.

Inappropriate sampling of songs are very prevalent among our musicians. Lack of education on such issues could be a holding factor. Artistes do not know the legal implications of sampling other people’s songs without permission and license fee.

On the other hand, those whose works are being sampled for free do not know jack about the issue of sampling. Hence, they cannot press charges against fellow musicians and other corporate bodies or advertisers who use elements of their songs for free.

Sometimes, such ones are rather happy that their songs have become popular and other people are using them. These are the same people who complain bitterly when they do not receive royalties from Ghana Music Rights Organization (GHAMRO). License fees for sampled music can actually be an avnue through which musicians and their record labels can make money. Just as the Bible puts it; “My people perish because of lack of knowledge.” I live to see a day when our musicians learn more about sampling and make some money from it.

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Editor’s Note by Chris-Vincent Agyapong Febiri

I am not an expert in copyright—in fact, I had an offer to study for a Masters degree majoring in Copyright Law or International Human Rights Law and I went for the latter. However, from my over 6 years of legal studies, I can say, the above issue is pretty simple—same as any copyright issue or violation.

The starting point is; taking any intellectual property of another person for use (for both commercial and non-commercial) without the person’s express permission is a breach of copyright. I think if we start from this angle, we will understand the importance of seeking permission.

And then the next point will be to go into the legal technicalities of fair usage, the amount or length of the person’s worked you adopted for use and others—-here, we will be attempting to justify our usage without permission or making the necessary payments.

In it all, one thing we must understand is that, to use the intellectual property of another person-be it a song, article, beat or whatever, permission must be sought. Otherwise, we will likely be in copyright violation.

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