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[PLEASE read] Cover vs. Sample vs. Ripoff
With the recent "In The Corner" cover and micster's discovery of the song "Startin'" by another artist, and past discussions over misunderstandings regarding these terms, I think the time has come for it to be brought up.
Cover Song: A song is a cover version if it has ALL the same melody, but it can be a different arrangement or different (i.e. translated) lyrics. The title is sometimes different between languages. For it to be really considered a cover, credit MUST be given in the booklet to the original songwriter(s), but not necessarily the original artist or performers. Usually the new artist pays the original songwriter, but sometimes with the promise of credit (as among singers & songwriters who are friends), payment is not necessary except in the form of residuals anytime the new song's record is sold.
Examples:
-"SEASONS" by Tata Vega (cover of "SEASONS" by ayumi hamasaki)
-"In The Corner" by Ayumi Hamasaki (cover of "In The Corner" by Sweetbox)
-"Sukiyaki" by A Taste Of Honey (cover of "ue o muite arukou" by Kyu Sakamoto)
-"Memorial address" by Ayumi Hamasaki (cover of "kumo" by LOVER SOUND TRACK)
Sample: A song contains a sample if PART of the original recording, lyrics, or other elements are used in the song. For it to be really considered a sample, credit MUST be given in the booklet to the original songwriters, and if a sample of the original recording is used, credit must be given to the original artist, producer, and publisher. It must be noted in some way that the record label is paying the original label (stating licensing or permission). This is not necessary if the sample is from an open domain or traditional piece of music (i.e. "oborozukiyo", "Home On the Range", any classical piece, etc.)
Example:
-from your letter "DJ HASEBE REMIX" by Ayumi Hamasaki contains a sample from "BABY I LOVE YOU" (Thom Bell - William Hart)
Published by Nickel Shoe Music Co., Inc., Administered by Ocean Drive
Music (BMI), A Division of Brookside Music Corp./Warner-Tamerlane
Publishing Corp. (BMI)/Wadud Music (BMI), as recorded by the
Delfonics (Philly Groove Records single #162). Under license from
Arista Records, Inc.
Ripoff: In these cases (all too common), there is a sample, arrangement, or set of lyrics from another piece of music, used by an artist with little or no regard on text for the intellectual rights of the original writer or performer. No credit is given in the booklet, no royalties are paid to the original artist.
-"ANOTHER WORLD" by Gackt is a ripoff of "Three Small Words" by Josie & The Pussycats
-The introductory string section of "Free & Easy" by Ayumi Hamasaki is a ripoff of "No Amen" by Eric Serra
One last one...
Parody: If an artist's purpose is to satirize ANY piece of art (logo, song, painting), they are protected (at least in the USA) by fair use under free speech. You can use an original melody & arrangement if your purpose is to be funny.
Example: Anything by "Weird" Al Yankovic.
I REALLY hope this clears things up. If credit is given, it's not theft, it's not stealing, it's okay. A sample is legal if credit is given in the booklet. If not, it's a ripoff.
One last thing... Alot of ayu's song titles have been used by other artists before. ALOT of them. Don't assume that a song is a cover from the title.
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