Gospel singer Gabbie Ntaate, renowned for her hit song Cheza For Yesu, has responded to  Mansur Ssemanda, also known as King Saha, who accused her of copying his song Sala Pulesa to create her trending track.

During a recent interview, Ntaate suggested that although King Saha is undoubtedly a talented songwriter, composer, and vocalist, she finds it surprising that he fails to grasp the concept that chords and beats can be similar while the songs themselves are distinct. She noted that globally, many songs share common chord progressions, rhythms, and patterns, as much of the musical groundwork has been laid in previous years.

"We all recognise his exceptional talents, but there are instances when he produces songs that bear resemblances to others in terms of chords, beats, and rhythm," she remarked.

Regarding the resemblance between her song and King Saha's, Ntaate pointed out that both songs incorporate sampled beats from South Africa, implying that they both drew inspiration from the same source.

"We're discussing beats here, and it's common knowledge that these beats originate from South Africa," she hinted.

The issue of sampled beats has long been contentious in Uganda and beyond. In Uganda, musicians sometimes utilise beats sampled from artistes in other countries, and disputes arise when multiple artistes use the same sampled beats, each claiming ownership.

Song sampling, the global trend in the music arena
Well, besides Gabbie Ntaate and King Saha's case, Gravity Omutujju's track, Doboozi Lya Mutuuze, faced the same challenge as it was reportedly removed from YouTube due to copyright infringement. It was reported that he had sampled Bobi Wine's hit song, Kiwaani.

This became a discussion on the internet, with several music analysts saying Bobi Wine had also sampled some beats from Jamaica, and therefore, did not have the right to order for a takedown of a particular song that had sampled the same beat as he did. 

In 2023, Omziki Distribution, a music distribution platform, instructed numerous takedowns for songs facing sampling issues.

Dennis Wantate, the 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.

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.

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.

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 unauthorised sampling.