Is song sampling becoming the new trend in Uganda?

The Ugandan music industry is experiencing a surge in quality and production, but a new threat has emerged in the form of song sampling, jeopardising its hard-earned success.

Gravity Omutujju's latest track, Doboozi Lya Mutuuze, faced a setback as it was reportedly removed from YouTube due to copyright infringement, specifically sampling from Bobi Wine's hit, Kiwaani.

The producers of Kiwaani, asserted that the unauthorised use of their song violated the rights of both the artiste and themselves.

Sir Dan Magic, a prominent music producer and director, took a stand to protect the composition from unauthorised and derogatory use. He emphasised the importance of obtaining proper authorisation through legal channels for those wishing to use their work.

Producer Paddyman expressed satisfaction with the takedown, highlighting the violation of their rights as producers. He emphasised the need for artistes to engage in original creative work rather than relying on unauthorised samples.

The issue has sparked discussions on social media within the entertainment circles, with varied opinions on whether Bobi Wine, whose song itself is reportedly sampled from Jamaican beats, should lead the charge in taking down sampled content.

Last year, Omziki Distribution, a Ugandan music distribution platform, instructed numerous takedowns for songs facing sampling issues.

Dennis Wantate, boss at Omziki, disclosed that over 50 songs were removed from various platforms based on the original copyright holders' instructions.

He explained the acceptable limit for sampling, suggesting that copying beyond 40% of a song's sound without permission could constitute copyright infringement.

To legally use a sample, artistes are advised to obtain clearance, often involving licensing fees and potential ongoing royalty payments.

"Most databases struggle to identify songs containing sampled content when the original material doesn't surpass the 40% threshold. At Omziki, our platform initially analyses the music to determine if it has sampled elements or is not entirely borrowed from another artist. However, when the sample falls below 40%, the system may not always recognise it," explained Wantate.

To sidestep copyright infringement problems, Wantete emphasised that artistes must adhere to a clearance procedure. This process entails identifying the copyright holders of the original work, which could be the record label, songwriter, producer, or artiste. He also emphasised the importance of this procedure to ensure legal and respectful use of copyrighted material in the creation of new music.

What is sampling?

According to Wantate, sampling is described as "the reuse of a portion of a sound recording in another recording," encompassing elements like rhythm, melody, speech, sound effects, or longer music segments, which can be manipulated in various ways.

Wantate argues that despite being labeled as theft, sampling is a widespread practice globally, accepted as long as proper permission is obtained.

Genius Goddy, a music producer from City Jam Records, sees sampling as the act of taking a portion of a song and creatively transforming it to enhance the overall sound. He acknowledges that many producers in Uganda, including himself, use sampling techniques, emphasising that creativity lies in how well the sample is integrated and modified.

Goddy highlights that much of what is created in music has been done before, from chord progressions to drums. He contends that a producer's skill is demonstrated in the ability to tweak these elements subtly, creating something original. According to him, a well-executed sample should be indistinguishable, showcasing the producer's creativity in crafting a fresh and unique musical experience for listeners.

"All that we are creating now has been created before. The Chode progressions, the drums, and several more, has all been done. So, you just have to be musical enough to twist it a little so that it sounds new to the ears of the listeners. For my sake, I just take out a few elements and twist them a little to come up with something original, and in so doing you can never tell that I sampled a song unless if I tell you," said Genius Goddy.

Sampling, remixing, renditions, and interpolations

Sampling, often confused with remixes and renditions, differs significantly, as explained by Wantate. Sampling involves using a portion of a song to create a new one, while remixing entails a complete rework of a song to enhance it or accommodate additional elements or singers.

Renditions, on the other hand, are simply performances of specific songs.

In Uganda, examples of songs with samples include Fik Fameica and Mozelo Kids' Kontola, which samples Chance Nalubega's Omwana Amanyi Love, and Gravity Omutujju's Walumbe Zaaya, incorporating beats and sounds from the late Paul Kafeero's song.

Globally, Genius Goddy notes that many African artistes sample songs from legendary giants like Fela Kuti, Miriam Makeba, Youssou N'dour, Hugh Masekela, and Oliver Mtukuzi. Burna Boy, Simi Sola, and Mr. Flavour are cited as examples of artistes who have sampled iconic tunes in their work.

Burna Boy's hit song Last Last contains samples from Toni Braxton’s hit He Wasn’t Man Enough, Aimasiko by Simi Sola was sampled from Aimasiko Lo N Damu Eda, by Chief Ebenezer Obey and Mr Flavour‘s "Nwa Baby" has samples of "Sawale" by Cardinal Rex Jim Lawson. The list continues.

At a global level, Beyoncé's Crazy In Love samples Chlites' Are You My Woman, Jason Derulo's Watcha Say incorporates Imogen Heap's Hide And Seek, Taylor Swift's Look What You Made Me Do samples Right Said Fred's I am Too Sexy, and Drake's Hotline Bling incorporates Timmy Thomas' Why Can't We Live Together.

Additionally, interpolation involves re-recording parts of a song's composition to create something new. A notable example is Olivia Rodrigo's 1 Step Forward, 3 Steps Back, which re-creates Taylor Swift's New Year's Day. Interpolation is often considered within the broader category of sampling.

Sampling; A habit carried from older generetion

Song sampling isn't a recent phenomenon, as Thomann's music blog traces its roots back to the early 20th century. The blog writes that in New Orleans, jazz musicians would incorporate bits of melodies, hooks, or progressions from their peers' compositions during live performances, demonstrating a form of respect and homage to the original composers.

The evolution of sampling gained momentum with the invention of tape recorders in the 1940s. French composer Pierre Schaeffer played a pivotal role, manipulating various music samples and sounds, leading to the creation of the music genre Musique Concrete.

In the 1950s, the introduction of music machines like The Chamberlin and The Mellotron paved the way for electro-mechanical keyboards triggering tape-loops of pre-recorded instruments. The digital sampler, the Computer Music Melodian, invented by Harry Mendel in the late 1970s, further facilitated sampling, making it more accessible for music producers.

Since then, numerous sampling machines have been developed, embraced by music legends worldwide. Notable artists, according to WhoSampled.com, whose music has been sampled extensively include James Brown with songs like "Funky Drummer," "Funky President," and "Play back," as well as The Winstons, Lyn Collins, Public Enemy, Michael Jackson, and others.

Implications of Sampling

In today's music production landscape, sampling has become the norm, but artistes should be aware of its various effects on their work, popularity, sales, and legal aspects. According to Wantate, while songs with samples can achieve hits, boosting popularity and sales with long-term royalties, the risks of unauthorized sampling are substantial. He emphasises the potential consequences of copyright infringement, which can lead to legal repercussions and financial penalties.

Wantate highlighted the financial implications tied to using song samples, particularly in terms of royalties. Owners of the original songs may request a percentage, with examples like Toni Braxton reportedly taking 60% of all royalties from Burna Boy's Last Last and Olivia Rodrigo losing over $1.2 million to Taylor Swift in royalties.

Additionally, Wantate warns of the scenario where the owner of the original song recognises the sampled content but chooses not to order a takedown. Instead, they may redirect all royalties for the song to themselves. This situation can leave the artiste who used the sample wondering why they are not receiving payments, unaware that the sampled elements are the source of the problem. It underscores the importance of proper clearance procedures and obtaining permission to avoid legal and financial complications associated with unauthorized sampling.

AI And Online Databases

The emergence of Artificial Intelligence (AI) has added a new layer of complexity to the issue of sampling in the music industry. Recently, the song "Masavu" by Azawi underwent a transformation by AI guru Eyo Shatta, who incorporated the late Mowzey Radio's voice, sparking debates among music enthusiasts in Uganda on whether it's a sample, collaboration, or something else.

With the rise of highly engineered online platforms and databases, creating samples has become easier, but AI tools are equally adept at identifying them. Currently, over 70 AI tools assist artistes in creating samples that may not be easily recognised by traditional methods. Examples include Musico, Amadeus, Maroofy, Samplab, Texttomusic, and more.

However, AI tools and platforms have also evolved to counter sampling. According to Genius Goddy, music stores and streaming platforms utilise algorithms that can identify samples in songs.

Wantate emphasises that their platform can easily detect songs with sample levels above 40%, ensuring they don't distribute them without contacting the owners of both the original and the new song.

"It's impossible not to know. The system was generated to identify such things. As long as there is another song with any parts in your song, it automatically identifies it, and we are notified about this and then contact the responsible people," said Wantate.

Several platforms and AI tools play a role in identifying samples, including WhoSampled.com, Shazam, Sound Hound, Google AI Assistant, Familiar Sounds, Sample Hunters, and more. This technological landscape showcases the ongoing interplay between creativity, AI, and the need to respect intellectual property rights in the ever-evolving music industry.