"Sampling" - which is when an artist uses bits and pieces from another artist's previously recorded song - seems to be just a part of the music industry lately. Whether it is the result of creativity, laziness or a deep desire to subscribe to modernist ideals, taking something from the old and making it "new" again is common in today's popular music. But when does the line cross from simply sampling to outright stealing? When does it stop being OK to borrow?
Many of today's artists - most notably Lil' Wayne and Coldplay - are coming under attack for their alleged use of illegal sampling. The somewhat critically acclaimed "lyricist" Lil' Wayne is being sued by South African Karma Ann Swanepoel for the use of her voice in his song, "I Feel Like Dying" (the irony of being sued by a woman named Karma is duly noted). Weezy is no stranger to using other voices, beats or even direct lyrics to achieve the proverbial "hook," but this time, Wayne borrowed without bartering. Even though Lil' Wayne's people are now in the process of discussing terms for the use of the South African's song "Once," Lil' Wayne has continued to use the song in various media outlets. Although nothing has been set in stone, it is very likely that folk singer Swanepoel will receive a handsome settlement (or at least some free publicity) from the whole debacle.
And a little band that grew up in Brooklyn is trying to take down Coldplay, the formidable Brits, for what they claim to be a stolen melody. Creaky Boards, from this side of the pond, allege that Coldplay frontman Chris Martin was spotted at one of their gigs and used the melody from their song "Songs I Didn't Write" for Coldplay's immensely famous "Viva la Vida," of iTunes commercial fame. Most will agree that the two songs have similarities, but the case of the stolen melody is still up for debate.
So what constitutes stealing - is the term up for negotiation, dependent upon who's calling whom a thief? Or is the little musician thrown at the mercies of the music moguls who have already cornered the market? But then again, the little musician might score their 15 minutes by pointing a finger at an unsuspecting established group. There are laws meant to protect both parties on either side of the issue, but in a world where YouTube clips and music mashing put any song up for grabs, can those laws really protect anyone? Even though imitation is the sincerest form of flattery, the line gets blurred when imitation becomes a carbon copy. Maybe the music biz could use an honor code.



