I was looking for further context into Madlib as an artist. Through research, I found this thesis online which helped me understand the relationship between samples and sample-based musical works such as what Madlib is doing on his label Madlib Invasion.
Here are some quotes,
David Hesmondhalgh argues copyright has become the main means of commodifying a culture.
Copyright is to own something as property, to commodify culture one has to claim it as their own, using copyright is the worst way to dominate culture, this is what record companies are doing.
If we focus on the problems surrounding commodification in relation to copyright, the main issue is not the abstraction and concealment of labour and exploitation, which can be located at the production side. Rather, there is the limiting of access, which happens through consumption, as “commodification spreads a notion of ownership and property as the right to exclude others.
Exclusion, when everything is sitting on top of the shoulder of giants is a huge negative, to focus and understand it shows and gives us a revelation of thought within this.
Copyright holders use their bundle of rights to exchange access to their works for money. However, copyright is also used in order to maintain exclusive ownership over a work, and copyright holders use their rights to only permit adaptive or derivative works when properly licensed
so it’s this idea that only if you can afford it, or if I like you, can we collaborate and work together, this gatekeeping mentality does not push forward the idea of creativity.
Kimbrew McLeod and Peter Dicola argue in Creative License (2011) that through the current copyright regime, sampling hip hop artists are pushed to the margins of the music industry and forced to release their music in a more ‘underground’ fashion. In doing so, unestablished or lesser known artists have found a way to release their music that possibly keeps them from being sued, or at least minimises the risk of litigation
It’s sad to think and realise that these hip-hop artists are pushed to the margins of the music industry and are forced to operate in this way in order for it to be a functional way of working, to limit the ways of being caught and sued.
Jackson confessed to not having a mission statement for his label, describing his approach in a 2016 interview as: “Just putting out stuff I want to hear and it has nothing to do with anybody else.”11 The label’s first release, Madlib Medicine Show #1: Before the Verdict (2010), does indicate an off-centre approach, stating that: “Madlib Medicine Show is a music series by producer Madlib consisting of experimental hip-hop, jazz fusion and electronic music, produced, marketed and released with little concern for traditional norms of the commercial record industry
So Madlib in his work does acknowledge this in his work, he’s self-aware, and he knows that he has little concern for the commercial record industry, this is what he likes, but is this because the industry does not allow room for people like him?
Furthermore, the booklet to the CD Madlib – Madlib Medicine Show #13: Black Tape includes a reprinted review of an earlier Madlib release, which critiques Madlib over his use of other people’s work, with the only given context that the review is reprinted without the author’s permission.15 Together with the extensive use of uncredited sampled material, it becomes clear the Madlib Invazion label does not operate along the guidelines of copyright law. This is why the releases as found on the Madlib Invazion label are used as object of study, since they show an obvious neglect of copyright.
When Madlib includes a sampled review saying that he does nothing and just steals people’s work, and then includes that in the booklet of his CD, you know what he is saying is exactly that. I’m here to do my art and not care about the industry.
How does the use of copyrighted material by practice of sampling as issued by Madlib Invazion problematize the commodification of music through copyright?
This a great question to ask, and I think this Is the main idea presented in this thesis.
Sampling practice, copyright laws and commodification of music
So this book questions these three main questions and three main points, it discusses sampling practice, copyright laws and commodification of music.
I will predominantly draw on the writings and theories of Vanessa Chang and Brian Kane. As outlined earlier in this introduction, I am not so much interested in establishing sampling as a creative practice. Rather, it can be argued that the distinguishing feature of sampling as a practice is the use of pre-existing and/or pre-recorded material. Through the use of pre-existing material, the sample-based song has a relation to its origin
It’s interesting to see that the author does not want to argue about where sampling is a creative practice, but more that what distinguishes sampling as a practice is using pre-existing or pre-recorded material. And that through sampling, without a shadow of a doubt, it begins to have a relationship with the sample it used.
“[W]hatever the music-commodity is, it is utterly dependent on the circumstances surrounding its commodification, which is largely driven by its means of reproduction, themselves commodities.”18 In a later article, Taylor further dissects the circumstances under which music becomes commodified, establishing three regimes of commodification, namely as a published score, a live performance or as recorded sound.19
The only three ways of commodifying are through these three ways. Live performance, recorded sound and published score. This is the circumstance in which commodification begins.
I will focus on the Madlib Invazion label as being a particular circumstance in which music is commodified. Being strictly an artist endeavour, the releases on the label showcase how far an artist is permitted to go, or how an artist is capable of securing his own place in the market despite the hostile stance towards sampling of the copyright regime.
So Madlib still does commodify his music and compositions, but it’s interesting to see how far an artist will go and take his work, even though it is illegal and technically breaching copyright laws.
By isolating a sound from its context and source, possibly recombining it with other dislocated sounds, the sound becomes aestheticized. Like Chang, Kane emphasises the reification of sound. In order to capture sound within a recording, objects are necessary. These sound objects can be of any medium, for instance, vinyl records or digital files stored on a hard drive. Sound objects are acousmatic of nature, as they are capable of bringing about a sonic effect, obscuring the sound’s cause in the process.
The writer here discusses the idea of dislocated sounds, and that the process of sampling does this in effect when composing, as well as this the sounds become then aestheticized in the process. Sound objects in this case, such as vinyl records or digital files stored on a hard drive become acousmatic, as they play sounds without a noticeable source.
In sampling however, particularly the sampling in hip hop, the sources used are sounds already considered music, like the vinyl records included in Imaginary Landscapes No. 1. There is however an important difference between Cage’s and Schaeffer’s employment of sound objects. Imaginary Landscapes No. 1 uses records for the simple reason it preceded the invention of audio tape.
It’s drawing a contrast here that hip-hop is not the first culture or work that uses sampling, cage in his piece Imaginary Landscapes No. 1. uses a vinyl record with automated speeds, essentially a sample, and the author makes a point that this was before the audio tape, so sampling had to be in this form.
One reason for which vinyl records are preferred is for their characteristic sound, and it is not uncommon for producers to sample a worn-out record, leaving the sample with static and other vinyl related noise attached.
The author makes a point that in modern times, vinyl records are chosen as a sample source for the aesthetic and audio quality they deliver, with the vinyl crackle being an interesting sonic quality the producers enjoy.
As Chang herself says, it is ‘somewhat strict’ to use vinyl for samples. Like any musical genre, hip hop too has artists that do not play by the rulebook. Although known as an avid record collector, Madlib has acknowledged drawing from other media for sample sources, such as cassette, VHS, digital files or even YouTube videos.
And although people and artists enjoy vinyl records as samplable items, it’s not just that, Madlib samples VHS, cassette, digital files, and Youtube.
The more frequent and trained jazz listener however, is able to recognise when a standard is being played or reinterpreted. The same can be argued for the use of samples. As Chang notes, it is perfectly possible for a listener of hip hop to not know he or she is listening to a sample-based composition. More dedicated listeners of hip hop however, know that most of the time they are listening to music which is produced through recombination and re- contextualisation of other sound objects. Together with the characteristics such as surface noise or hiss, implicating the use of sound objects as source, there is an understanding within the hip hop audience that samples are being used.
This is an interesting notion, something I had not considered before, but the idea is that each sound object has a specific sound source that a seasoned listener can identify.
Producers recognise that histories are constituted by various interpretations of the past, and that the archive is a creative medium rather than the static imprint of that past.
Well, it’s a great point to make that hip hop and sampling is a modern imprint of the archive, that a static imprint does nothing but show us what was, sampling can allow these sound sources to come alive again.
If we suppose that the listener is aware he or she is listening to sample – either because the recording reveals that other sound objects were used in the process, or because the listener recognises the recurring use of samples within hip hop – the listener is also aware there is an origin, a cause, albeit obscured.
This understanding has shaped its own archive for the use of sound objects by practice of sampling. Amongst other initiatives that express a concern for the origin as well as a practice of archival memory, internet users have created online spaces that disclose the original sound objects used in hip hop recordings. One of these is the website WhoSampled.com, which allows its users to make entries disclosing how two different compositions are connected. As the website’s main page boasts: “Discover music through sampling, cover songs and remixes. Dig deeper into music by discovering direct connections among over 517,000 songs.”54 Interestingly enough, samples can only be contributed when posted with a link to an online file, such as embedded YouTube videos, SoundCloud audio or streaming services such as Tidal or Spotify
It’s true that if you are aware of the sample you know it’s not there, hip hop makes it obvious, the sound object and its uniqueness or sample through memory can give away the fact it’s a sample and not composed. Who sampled existing shows that people are interested in the direct connections from this, that listeners are not stupid and know it’s a sample and are curious to discover who created it.
These online spaces point to hip hop’s own logic of archival memory, with its listeners trying to restore the relation between sample/origin, and perhaps more fundamentally, sound/cause. The websites rely strictly on the input from users and are only remotely moderated.
So it’s only users that can input within this website, Who sampled. This makes a great point that the popularity of the site shows how curious and interested people are in their own archival memory, with listeners trying to restore the gaps between sample/origin and sound/cause.
With the approach of copyright as a property, the possibility of artificial scarcity is created. This artificial scarcity is far from desirable because it installs the possibility of monopoly:
Therefore, Jefferson feared, the monopolists could use their state-granted power to strengthen their control over the flow of ideas and the use of expressions. Monopolies have the power to enrich themselves by evading the limitations of the competitive marketplace. Prices need not fall when demand slackens, and demand need not slacken if the monopoly makes itself essential to the economy.66
the control of ideas and expression, is what copyright law does, monopoly the ideas and expression within their ownership. The state granted the power to strengthen its way of ownership and enrich itself by evading the limitations of the competitive music marketplace.
Vaidhyanathan’s point is thus that such protection invokes the idea that composers are lone geniuses, who create original work which they can consider their property. Whilst in reality popular music is subject to an ambiguous creative process which any number of people can take part in, each of them bringing their own set of influences and inspirations with them, conscious as well as unconscious, on which their ‘original’ composition builds. No work of art is ever created in a vacuum, void of outside influences, and therefore copyright law should be critical towards awarding composers their absolute originality.
Copyright makes an idea that these people did this alone, that anything that is similar or takes inspiration from is considered their property. even music genres can be affected by this. No art exists within a vacuum and the laws around copyright are negative and impact this creative activity.
The case ruled that the Gaye’s should be awarded 5.3 million US dollars for reimbursement, together with 50 % of Blurred Lines’ royalties, because of the similarities between the two songs. The ruling was heavily criticised because it rendered a very broad copyright to Gaye’s composition. One of the rulings criticisers, Judge Jacqueline Nyugen, stated that the court’s decision “accomplish[ed] what no one has done before: copyright a musical style.”74
When the song blurred lines got sued for sounding close to something else, not even a direct sample, compositionally or sonically of the recording. This is when a dystopia exists where people say they can’t create anything because someone owns it. Sonic collages are that, a reflection and creative outlet of ourselves.
The war is not about new forms of creativity, not about artists making new art. (…) But every war has its collateral damage. These creators are just one type of collateral damage from this war. The extreme regulation that copyright law has become makes it difficult, and sometimes impossible, for a wide range of creativity that any free society (…) would allow to exist, legally.101
The collateral damage from the way of copyright is the creativity of certain artists, such as hip-hop artists. it is what it is and this is how they are affected.
Why should it be that just when technology is most encouraging of creativity, the law should be most restrictive? Why should it be effectively impossible for an artist from Harlem practicing the form of art of the age to commercialize his creativity because the costs of negotiating and clearing the rights here are so incredibly high?
So this author wants to make a point that the main reason sample-based music struggled is the negotiating and clearing of the rights, which is on the owner, no law can create a fair argument as to what it should and could cost to do this process. And that in modern times, the law does not reflect the actual technology that is present, which de la soul and their work three feet high and rising shows, as they were ahead of the curve on sampling causing the law to catch up.
If sample clearance is testament to the pragmatic nature of capitalism, the releases on Madlib Invazion such as Low Budget Hi-Fi Music, are testament to the pragmatic nature of independent labels avoiding the high costs of licensing.
I sit well within this Madlib Invazion label and even though I am not signed, this is what I am about.