Bob James Suing Madlib for uncleared samples

1/2OfDaBruinz

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Dude wanted $2,000 flat fee plus 50 percent of royalty and 100% of publishing


Say you do the song with just the sample - no producer 50 percent of royalty would kind of be like a rapper just hiring a producer to do the beat so you would share the writing portion and composition portion

I'm kind of using these terms interchangeably, which makes it a little confusing. If you give up 100% percent of your publishing then, the sampled artist is not rally getting 100%, because your publishing company has to get paid. The shyt can get confusing if multiple publishing companies are involved with multiple writers, but basically, if you give up 100% you won't get anything from sales, but you can still make money off the performance.

As far as royalties, it's different types that can be negotiated. Radio royalties will go to the songwriter, so the important thing is the writing percentage splits. Mechanical royalties are from sales, like people buying CD's. Sometimes it can even mean every time a CD gets printed up, but not sold

Performance royalties are of course when you perform a song, but now they are putting streaming under performance royalties, and it can make shyt very confusing. This is why people get lawyers that specialize in this type of shyt, because it's not very cut and dry. I'm not sure but I think they may have a digital royalty now.

Then you have licencing royalties for films and TV and shyt.

You are right when you say that the sample clearance deals are sometimes structured like producer fees, because they can be written to where the person being sampled won't get paid until the artist recoups.

That's why people will just give beats away to major artist. Someone who sales a lot of records will recoup, so you are very likely to see your money on the back end. That's why you just give a beat to someone like Drake, Kendrick, J Cole, Kanye, etc. Artist who don't sell as well, you want to negotiate as high as a flat fee as possible, because they will never recoup and you wont see any royalties, no matter what your percentage is. You can apply the same philosophy to clearing samples.

Noe, at the same time, those same big artist have more leverage to give you a lower percentage because of the name recognition they have, and the work you can get from saying you worked with them, so they like to leverage that. So in the end, you may end up with a small ass percentage when everything is split up:francis:
 
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Guy's a clown, he called Pharcyde a joke for using his Taxi Theme Song as a sample in a song about taking a cab.


what's funny is I heard about this same day I bought like 3 Bob James records. Sampled them shyts just because fuqq the guy

Long live Lord Quas
That was Souls Of Mischief.
 
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Honestly it's either Madlib or Stone's Throws Fault. I know we are all hiphop heads here and wanna defend Madlib but he's in the wrong here. Either he shouldn't choose such a recognizable sample to use if he knew they weren't going to clear it or it's Stones throw fault for not clearing if they said they would.

Bob James is a notoriously hard artist to sample because he has always disliked hiphop and has always charged an arm n leg to sample him. I've talked to execs from the 90s who said he charged artist 100,000 to sample his works. Of course in the 90s 100Gs to a clear sample wasn't shyt. But him, Phil Collins, Steely Dan and other artist hate being sampled and will put you thru it if you try to sample them. I'm a small time player in the music industry so I know Madlib (whose been around since the 90s) knew that.
Madlib has even dissed producers for sampling well known songs and not digging in the crates hard enough...I'm actually surprised this has happened to dude.
 

Majestyx

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Madlib has even dissed producers for sampling well known songs and not digging in the crates hard enough...I'm actually surprised this has happened to dude.
i'm not surprised. he only disses those dudes because they dont ever dig. i'm fine with lib taking a loop, and looping it... he does that ALOT. he's iller at fiding proper loops than others.

anyway, bob james aint gonna get shyt, cuz aint no receipts for that albums purchases. so... :manny:
 

Dafunkdoc_Unlimited

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Juntao said:
Hiphop is dying brehs. Sampling was the essence, now nikkas can't even do that. Gotta start diggin into some random crates in the Middle East and hope to chop it up so its not recognizable.

I blame internet hiphop nerds who post every sample from every song (when its not listed on record) I know most of want to know the OG sample, but in the long run it aint helping.

Nah. It's the fault of lazy producers who won't do the proper legwork. I figure most of these older artists would be happy to get their music back out there for people to enjoy. Problem is, most of them don't even own their own music and the corporations that do don't care about the 'art', just the '$$$'.​

Wally Russell said:
So I don't have to make a thread boring anyone with my special interests - does anyone have any insight on the cost of clearing a sample?

This is something I've wondered for a very long time and never got around to researching. Would be appreciated if someone with knowledge of this would drop information.​
 

Vinny Lupton

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Hiphop is dying brehs. Sampling was the essence, now nikkas can't even do that. Gotta start diggin into some random crates in the Middle East and hope to chop it up so its not recognizable.

I blame internet hiphop nerds who post every sample from every song (when its not listed on record) I know most of want to know the OG sample, but in the long run it aint helping.
People could make original stuff that sounds like samples if they don't wanna be lazy. Look at Adrian Younge
 

Real N Quotes

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All Madlib had to do is give him 100 percent pub of song and a couple of Gs up front

If not don't sample Bob James
 
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Somebody's art is their property. You can't not clear samples. If anything recreate the sound (not as close as blurred lines but u know what I'm talking about) and sample yourself if you want the sample feel to it.
 
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