After Pharrell and Robin Thicke were sued for $7.3 million the question of how much artists or their estates can recover via a copyright lawsuit has been brought to a forefront.
Recently at SXSW, Wu-Tang Clan founder RZA spoke about the recent verdict as one of the festival’s headlining speakers and says that while artists who inspire should be paid, there should be a limit to how much they make, especially if the money isn’t actually going to the artist.
“Art is something that’s made to inspire the future,” he said during his stay in Austin, according to the Daily Beast. “If you utilize somebody’s artistic expression blatantly, to [the point] where it’s an identifiable thing, then there should be some sort of compensation to the person who inspires you.” Specifically, the Shaolin producer called for a 50% cap for retroactive payments of sampled material.
“Even though I use his portion as an instrument—because the sampler is an instrument—he should not be able to come in and take 100 percent of my song,” he said in reference to an example he gave about appropriating Bing Crosby’s “White Christmas.” “The most he should get is 50 percent. There should be a cut off. Fifty percent is the most.”
Finally, RZA spoke on his own issues in dealing with copyright infringements. In 2013, he faced a lawsuit and subsequently countersued over an alleged sample he used from the 1970s Japanese exploitation flick Wandering Ginza Butterfly.
“I’ve been in situations where I’ve sampled something and the original copyright holder took 90 percent,” he said in reflection. “That means they ignored all the programming, drumming, keyboard playing I played on top of it, they ignored every lyric, every hook, everything that we built to make it a song. And we wound up selling more copies than the sample version—but yet they took 90 percent of the song.”
For additional RZA coverage, watch the following DX Daily:
Why not just clear the sample from the start? If it doesn’t clear just put it out for free and don’t sell it.
You missed the entire point. Not surprised.
I understand its about mistakes already committed but that is up to precedents and the judge at the end of the day. The point for me is that it can be avoided if hip-hop artists learn that it’s not worth it trying to avoid clearing it. Also you should try to convey your point rather then wasting space on the internet with your pointless comment you worthless piece of sh!t.
Joe Nigbe is right.
@wow ok; please calrify what the point is! Nigbe is spot on!
Seriously?? You guys are idiots. This is about principle. Something you guys will never understand. Cunts.
Has no idea.
50 percent sounds fair. I wouldn’t want to give 90 percent of my song when I only used 10 percent of yours.
Be Original. They were……………
Rza’s a fucking tit-head who destroyed one of the greatest rap collectives ever. Fuck him in the ass
rza was the Wu
Seriously?? You guys are idiots. This is about principle. Something you guys will never understand. Cunts.
Has no idea.
Stop sampling people music without getting permission and you won’t have this problem
thank you!!! i like many things rza says and supports but this is just ridicoulous. i understand hes speaking behalf on his side since he samples so much, but honestly have you ever heard the original sample for cream? sounds like the whole damn melody, all he added was drums, the same with 4th chamber.How about people start learning how to play a musical instrument rather than usuing somebody eles orginal music and complaining about the consequences.
Bottom line: If Hip Hop or the art of sampling was created by non-black people, then copyright laws wouldnt grant the samplee so much power.
they took 90 percent because you’re a thief…1st you stole the material…2nd they had to uncover the theft… 3rd they had to take the time to hire lawyers because you weren’t ever going to be a man and be forthcoming to the owner about the theft. 4th they had to take the time to actually go to court and fight for what was stolen…so yea…after all of that they need 90 percent. had you been square-dealing from the jump, i bet you, they would have negotiated for far less than 90 percent…thief