Insound andmusic,sampling is the reuse of a portion (orsample) of asound recording in another recording. Samples may comprise elements such as rhythm, melody, speech, or sound effects. A sample might comprise only a fragment of sound, or a longer portion of music, such as a drum beat or melody. Samples are often layered,equalized, sped up or slowed down, repitched,looped, or otherwise manipulated. They are usually integrated using electronic music instruments (samplers) or software such asdigital audio workstations.
A process similar to sampling originated in the 1940s withmusique concrète, experimental music created bysplicing andlooping tape. The mid-20th century saw the introduction of keyboard instruments that played sounds recorded on tape, such as theMellotron. The termsampling was coined in the late 1970s by the creators of theFairlight CMI, asynthesizer with the ability to record and playback short sounds. As technology improved, cheaper standalone samplers with morememory emerged, such as theE-mu Emulator,Akai S950 andAkai MPC.
Sampling is a foundation ofhip-hop, which emerged when producers in the 1980s began samplingfunk andsoul records, particularlydrum breaks. It has influenced many other genres of music, particularlyelectronic music andpop. Samples such as theAmen break, the "Funky Drummer" drum break and theorchestra hit have been used in thousands of recordings, andJames Brown,Loleatta Holloway,Fab Five Freddy andLed Zeppelin are among the most sampled artists. The first album created entirely from samples,Endtroducing byDJ Shadow, was released in 1996.
Sampling without permission caninfringe copyright or may befair use. Clearance, the process of acquiring permission to use a sample, can be complex and costly; samples from well-known sources may be prohibitively expensive. Courts have taken different positions on whether sampling without permission is permitted. InGrand Upright Music, Ltd. v. Warner Bros. Records Inc (1991) andBridgeport Music, Inc. v. Dimension Films (2005), American courts ruled that unlicensed sampling, however minimal, constitutes copyright infringement. However,VMG Salsoul v Ciccone (2016) found that unlicensed samples constitutedde minimis copying, and did not infringe copyright. In 2019, theEuropean Court of Justice ruled that modified, unrecognizable samples could be used without authorization. Though some artists sampled by others have complained ofplagiarism or lack of creativity, many commentators have argued that sampling is a creative act.
In the 1940s, the French composerPierre Schaeffer developedmusique concrète, an experimental form of music created byrecording sounds to tape, splicing them, and manipulating them to createsound collages. He used sounds from the human body, locomotives, and kitchen utensils. The method also involvedtape loops, splicing lengths of tape end to end so a sound could be played indefinitely. Schaeffer developed thePhonogene, which played loops at 12 different pitches triggered by a keyboard.[1]
Composers includingPierre Henry,Karheinz Stockhausen,John Cage,Edgar Varèse, andIannis Xenakis experimented withmusique concrète. In the UK, it was brought to a mainstream audience by theBBC Radiophonic Workshop, which used the techniques to produce soundtracks for shows includingDoctor Who in the early 1960s.[1]
In the 1960s, Jamaicandub reggae producers such asKing Tubby andLee "Scratch" Perry began using recordings ofreggae rhythms to produceriddim tracks, which were thendeejayed over.[2][3] Jamaican immigrants introduced the techniques to Americanhip-hop in the 1970s.[3]Holger Czukay of the experimental German bandCan spliced tape recordings into his music before the advent of digital sampling.[4]
TheGuardian described theChamberlin as the first sampler, developed by the American engineer Harry Chamberlin in the 1940s. The Chamberlin used a keyboard to trigger a series of tape decks, each containing eight seconds of sound. Similar technology was popularised in the 60s with theMellotron. In 1969, the English engineerPeter Zinovieff developed the first digital sampler, theEMS Musys.[5]
The termsample was coined byKim Ryrie andPeter Vogel to describe a feature of theirFairlight CMI synthesizer, launched in 1979.[1] While developing the Fairlight, Vogel recorded around a second of piano performance from a radio broadcast and discovered that he could imitate a piano by playing the recording back at different pitches. The result better resembled a real piano than sounds generated by synthesizers.[6] Compared to later samplers, the Fairlight was limited; it allowed control over pitch andenvelope, and could only record a few seconds of sound. However, the sampling function became its most popular feature. Though the concept of reusing recordings in other recordings was not new, the Fairlight's design and built-insequencer simplified the process.[1]
The Fairlight inspired competition, improving sampling technology and driving down prices. Early competitors included theE-mu Emulator[1] and theAkai S950.[7]Drum machines such as theOberheim DMX andLinn LM-1 incorporated samples of drum kits and percussion rather than generating sounds from circuits.[8] Early samplers could store samples of only a few seconds in length, but this increased with improvedmemory.[9] In 1988,Akai released the firstMPC sampler,[10] which allowed users to assign samples to pads and trigger them independently, similarly to playing a keyboard or drum kit.[11] It was followed by competing samplers from companies includingKorg,Roland andCasio.[12]
Today, most samples are recorded and edited usingdigital audio workstations (DAWs) such asPro Tools andAbleton Live.[9][13] As technology has improved, the possibilities for manipulation have grown.[14]
Samples are distributed in sample libraries, also known as sample packs. In the 1990s, sample libraries from companies such asZero-G andSpectrasonics were widely used in contemporary music.[15] In the 2000s,Apple introduced "Jam Pack" sample libraries for its DAWGarageBand.[16] In the 2010s, producers began releasing sample packs on online platforms such asSplice.[17]
The Kingsway Music Library, created in 2015 by the American producerFrank Dukes,[18] has been used by artists includingDrake,Kanye West,Kendrick Lamar, andJ. Cole.[19][20] In 2020, the USLibrary of Congress created anopen-source web application that allows users to sample its library of copyright-free audio.[21]
Instead of sampling, artists may recreate a recording, a process known as interpolation.[22] This requires only the permission of the owners of the musical content, rather than the owners of the recording. It also creates more freedom to alter constituent components such as separate guitar and drum tracks.[23]
Sampling has influenced many genres of music,[5] particularly pop, hip-hop and electronic music.[14] TheGuardian journalist David McNamee likened its importance in these genres to the importance of the guitar in rock.[5] In August 2022, theGuardian noted that half of the singles in theUK Top 10 that week used samples.[22] Sampling is a fundamental element ofremix culture.[24]
Using the Fairlight, the "first truly world-changing sampler", the English producerTrevor Horn became the "key architect" in incorporating sampling into pop music in the 1980s.[5] Other users of the Fairlight includedKate Bush,Peter Gabriel andThomas Dolby.[7] In the 1980s, samples were incorporated into synthesizers andmusic workstations, such as the bestsellingKorg M1, released in 1988.[12]
TheAkai MPC, released in 1988, had a major influence on electronic and hip-hop music,[25][11] allowing artists to create elaborate tracks without other instruments, a studio or formal music knowledge.[11] Its designer,Roger Linn, anticipated that users would sample short sounds, such as individual notes or drum hits, to use as building blocks for compositions; however, users sampled longer passages of music.[9] In the words of Greg Milner, author ofPerfecting Sound Forever, musicians "didn't just want the sound ofJohn Bonham's kick drum, they wanted to loop and repeat the whole of 'When the Levee Breaks'."[9] Linn said: "It was a very pleasant surprise. After 60 years of recording, there are so many prerecorded examples to sample from. Why reinvent the wheel?"[9]
Stevie Wonder's 1979 albumJourney Through the Secret Life of Plants may have been the first album to make extensive use of samples.[5] The Japanese electronic bandYellow Magic Orchestra were pioneers in sampling,[26][27][28] constructing music by cutting fragments of sounds andlooping them.[28] Their albumTechnodelic (1981) is an early example of an album consisting mostly of samples.[27][29]My Life in the Bush of Ghosts (1981) byDavid Byrne andBrian Eno is another important early work of sampling, incorporating samples of sources includingArabic singers, radio DJs and anexorcist.[30] Musicians had used similar techniques before, but, according to theGuardian writer Dave Simpson, sampling had never before been used "to such cataclysmic effect".[31] Eno felt the album's innovation was to make samples "the lead vocal".[32]Big Audio Dynamite pioneered sampling in rock and pop with their 1985 albumThis Is Big Audio Dynamite.[33]
Sampling is one of the foundations ofhip-hop, which emerged in the 1980s.[34] Hip-hop sampling has been likened to the origins ofblues androck, which were created by repurposing existing music.[24] TheGuardian journalist David McNamee wrote that "two record decks and your dad's old funk collection was once the working-class black answer topunk".[13]
Before the rise of sampling, DJsused turntables to loopbreaks from records, which MCs wouldrap over. Compilation albums such asUltimate Breaks and Beats compiled tracks with drum breaks and solos intended for sampling, aimed at DJs and hip-hop producers.[35] In 1986, the tracks "South Bronx", "Eric B. is President" and "It's a Demo" sampled the funk and soul tracks ofJames Brown, particularly a drum break from "Funky Drummer" (1970), helping popularize the technique.[14]
The advent of affordable samplers such as theAkai MPC (1988) made looping easier.[35]Guinness World Records citesDJ Shadow's acclaimed hip-hop albumEndtroducing (1996), made on an MPC60,[36] as the first album created entirely from samples.[37][38] TheE-mu SP-1200, released in 1987, had a ten-second sample length and a distinctive "gritty" sound, and was used extensively byEast Coast producers during thegolden age of hip-hop of the late 1980s and early 90s.[39]
Commonly sampled elements include strings, basslines, drum loops, vocalhooks or entire bars of music, especially fromsoul records.[40] Samples may be layered,equalized,[41] sped up or slowed down, repitched,looped or otherwise manipulated.[14]
A seven-second drum break in the 1969 track "Amen, Brother", known as theAmen break, became popular with American hip-hop producers and then Britishjungle producers in the early 1990s. It has been used in thousands of recordings, including songs by rock bands such asOasis and theme tunes for television shows such asFuturama, and is among the most sampled tracks in music history.[35] Other widely sampled drum breaks include the break from the 1970James Brown song "Funky Drummer"; theThink break, sampled from the 1972Lyn Collins song "Think (About It)", written by Brown;[42] and the drum intro fromLed Zeppelin's 1971 song "When the Levee Breaks", played byJohn Bonham and sampled by artists including theBeastie Boys,Dr. Dre,Eminem andMassive Attack.[43]
In 2014, theSmithsonian cited the most sampled track as "Change the Beat" (1982) byFab Five Freddy.[44] According toWhoSampled, a user-edited website that catalogs samples, James Brown is sampled in more than 3000 tracks, more than any other artist.[45] In 2011,The Independent namedLoleatta Holloway, whose vocals were sampled inhouse anddance tracks such as "Ride on Time" (1989) byBlack Box, as the most sampled female singer.[46]
Theorchestra hit originated as a sound on the Fairlight, sampled fromStravinsky's 1910 orchestral workFirebird Suite,[47]: 1 and became a hip-hop cliché.[48]MusicRadar cited theZero-G Datafiles sample libraries as a major influence on 90s dance music, becoming the "de facto source of breakbeats, bass and vocal samples".[15]
To legally use a sample, an artist must acquire legal permission from the copyright holder, a potentially lengthy and complex process known as clearance. Sampling without permission canbreach the copyright of the original sound recording, of the composition and lyrics, and of the performances, such as a rhythm or guitar riff. Themoral rights of the original artist may also be breached if they are not credited or object to the sampling. In some cases, sampling is protected under Americanfair use laws,[40] which grant "limited use of copyrighted material without permission from the rights holder".[49] Deborah Mannis-Gardner of DMG Clearances, referring to the use of "Somebody That I Used to Know" in theDoechii song "Anxiety", said that the original recording was sampled, requiring consent from themasters rights holders rather than just the holders of publishing rights.[50]
The American musicianRichard Lewis Spencer, who owned the copyright for the widely sampledAmen break, never receivedroyalties for its use as thestatute of limitations for copyright infringement had passed by the time he learnt of the situation.[51] The journalistSimon Reynolds likened it to "the man who goes to the sperm bank and unknowingly sires hundreds of children".[35]Clyde Stubblefield, the performer of the widely sampled drum break from "Funky Drummer", also received no royalties.[52] The owner of sampled material may not always be traceable, and such knowledge is commonly mislaid through corporate mergers, closures and buyouts.[53][54]
DJ Shadow said that artists tended to either see sampling as a mark of respect and a means to introduce their music to new audiences, or to be protective of their legacy and see no benefit.[53] He described the difficulty of arranging compensation for each artist sampled in a work, and gave the example of two artists both demanding more than 50%, a mathematical impossibility. He instead advocated for a process of clearing samples on amusicological basis, by identifying how much of the composition the sample comprises.[55]
According toFact, early hip-hop sampling was governed by "unspoken" rules forbidding the sampling of recent records, reissues, other hip-hop records or non-vinyl sources, among other restrictions. These rules were relaxed as younger producers took over and sampling became ubiquitous.[34] In 2017, DJ Shadow said that he felt that "music has never been worth less as a commodity, and yet sampling has never been more risky".[55]
Sampling can help popularize the sampled work. For example, theDesiigner track "Panda" (2015) reached number one on theBillboard Hot100 afterKanye West sampled it on "Father Stretch My Hands, Pt. 2" (2016).[14] Some record labels and othermusic licensing companies have simplified their clearance processes by "pre-clearing" their records.[56] For example, the Los Angeles record labelNow-Again Records has cleared songs produced for West andPusha T in a matter of hours.[57][58]
In 1989, theTurtles suedDe La Soul for using an unlicensed sample on their album3 Feet High and Rising. The Turtles singer,Mark Volman, told theLos Angeles Times: "Sampling is just a longer term for theft. Anybody who can honestly say sampling is some sort of creativity has never done anything creative." The case was settled out of court and set alegal precedent that had achilling effect on sampling in hip-hop.[59]
In 1991, the songwriterGilbert O'Sullivan sued the rapperBiz Markie after Markie sampled O'Sullivan's "Alone Again (Naturally)" on the albumI Need a Haircut. InGrand Upright Music, Ltd. v. Warner Bros. Records Inc, the court ruled that sampling without permission infringed copyright. Instead of asking for royalties, O'Sullivan forced Markie's label,Warner Bros, to recall the album until the song was removed.[60]
The journalistDan Charnas criticized the ruling, saying it was difficult to apply conventional copyright laws to sampling and that the American legal system did not have "the cultural capacity to understand this culture and how kids relate to it".[61] In 2005, the writerNelson George described it as the "most damaging example of anti-hip-hop vindictiveness", which "sent a chill through the industry that is still felt".[60] In theWashington Post, Chris Richards wrote in 2018 that no case had exerted more influence on pop music, likening it to banning a musical instrument. Some have accused the law of restricting creativity, while others argue that it forces producers to innovate.[62]
Since the O'Sullivan lawsuit, samples on commercial recordings have typically been taken either from obscure recordings or cleared, an often expensive option only available to successful acts.[62] According to theGuardian, "Sampling became risky business and a rich man's game, with record labels regularly checking if their musical property had been tea-leafed."[13] For less successful artists, the legal implications of using samples pose obstacles; according toFact, "For a bedroom producer, clearing a sample can be nearly impossible, both financially and in terms of administration."[14] By comparison, the 1989Beastie Boys albumPaul's Boutique is composed almost entirely of samples, most of which were cleared "easily and affordably"; the clearance process would be much more expensive today.[63] TheWashington Post described the modern use of well known samples, such as on records by Kanye West, as an act ofconspicuous consumption similar to flaunting cars or jewelry.[62] West has been sued several times overhis use of samples.[14]
In 2000, the jazz flautistJames Newton filed a claim against the Beastie Boys' 1992 single "Pass the Mic", which samples his composition "Choir". The judge found that the sample, comprising six seconds and three notes, wasde minimis (small enough to be trivial) and did not require clearance. Newton lost appeals in 2003 and 2004.[64][65]
In the 2005 caseBridgeport Music, Inc. v. Dimension Films, the hip-hop groupN.W.A. were successfully sued for their use of a two-second sample of aFunkadelic song in the 1990 track "100 Miles and Runnin'". TheUnited States Court of Appeals for the Sixth Circuit ruled that all samples, no matter how short, required a license.[14] A judge wrote: "Get a license or do not sample. We do not see this as stifling creativity in any significant way."[65]
As the Bridgeport judgement was decided in an Americancircuit court, lower courts ruling on similar issues are bound to abide by it.[14] However, in the 2016 caseVMG Salsoul v Ciccone, theUnited States Court of Appeals for the Ninth Circuit ruled thatMadonna did not require a license for a short horn sample in her 1990 song "Vogue". The judge Susan Graber wrote that she did not see why sampling law should be an exception to standardde minimis law.[65]
In 2019, theEuropean Court of Justice ruled that the producersMoses Pelham and Martin Haas had illegally sampled a drum sequence from the 1977Kraftwerk track "Metal on Metal" for theSabrina Setlur song "Nur Mir". The court ruled that permission was required for recognizable samples; modified, unrecognizable samples could still be used without authorization.[66]
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