Rap song samples extensively from C64 demo
by Kyle Orland 
{ Jan 18th 2007 at 2:55PM }
If you're into the ultra-niche classic console demoscene, last June's release of the Nelly Furtado single "Do It" may have sounded awfully familiar to you. Apparently, the single samples heavily from a 2000 piece originally composed for the Commodore 64 as part of the Old Skool Music Competition. What's more, a 2005 ringtone from Furtado mega-producer Timbaland uses the same sample.
The similarities between Tempest's "Acid Jazzed Evening" (later remixed by demoscener GRG) and the Furtado track are apparent and extensive -- from the bass line to the melody, the songs are nearly identical, except for Furtado's addition of lyrics. Still, it's a tough call as to whether or not the sampling constitutes illegal copyright infringement -- the case law involved is long and somewhat contradictory.
The legal point may be moot though -- according to some hearsay from a self-described friend on the SomethingAwful forums, original artist Tempest doesn't want to go through the "time-consuming and horrible" process of a legal suit. Still, the fact that a major record producer is taking direct inspiration from a years-old chiptune composition speaks to both the creativity of the demoscene and the dearth of originality in modern pop music.
Reader Comments (Page 1 of 1)
snoopdiggity @ Jan 18th 2007 3:14PM
The whole idea of sampling is kind of a bummer from a copyright standpoint.
However, if you have an open-source attitude, then let people take your product and improve on it for the betterment of society.
http://www.thesimexchange.com/
Bennyishere @ Jan 19th 2007 1:50AM
Erm, "rap"? Hip-Hop maybe, but far from rap!
Tony @ Jan 18th 2007 5:31PM
Sampling is one thing, I think this goes beyond that term by most standards.
Peter @ Jan 18th 2007 3:42PM
To me, it's pretty cut and dry.
Timbaland didn't sample the music for parody, or for historic/editorial purposes (which would be fair use).
Rather he stole the music and used it not as a reference but as a work presented to be an original composition.
That makes it blatent copyright infringement.
josh @ Jan 18th 2007 4:52PM
it's doubtful that the artist or even timbaland knew about any infringement... artists and producers often buy beats from independent beat-makers. they make a variety of beats, meet with the producer, play them for them, the producer buys the ones they like, then uses them to make a song. these beats may feature a sample, or they may be completely original. even famous producers like kanye west do this, apparently. some producers like the neptunes or dr dre make most of their beats themselves, others go the purchase angle...
regardless, it's most likely this beat was purchased from some unknown, who would be the one who copied it from tempest. if it was me, i'd still pursue it.
grable @ Jan 18th 2007 3:50PM
Think of it this way.
if YOU had made a song with a sample from one of Nellys songs, and tried to sell it as your own.
Would you get away with it?
I think not.
Rob Stevens @ Jan 18th 2007 4:14PM
You guys really just don't understand how far this goes. Timbaland has been ripping off obscure pieces of music for years, and has "graduated" into entire riffs, choruses and even SONGS now. Local radio in Seattle just showcased the original song that Timbaland ripped off for Justin Timberlake's "My Love" song.
The guy really is talented, but I don't understand why he can't track someone down and ask for permission, or even toss a little cash their way.
snoopdiggity @ Jan 18th 2007 4:01PM
had the c64 version of the song run it's course?
If Timbaland didn't touch the song, it would have made no money. So since he touched it, it made money.
Or is it like "dad da dad dada CHARGE!!" which is copyrighted by my friends grandpa, and receives royalties from it every time it is played, especially at ball games.
Mark @ Jan 18th 2007 4:52PM
I'm disgusted by this whole thing. It's pathetic. It would be one thing if they wrote Tempest a check for it, and credited him on the album for the original composition, but it appears they didn't do anything of the sort.
Pathetic. Down with Nelly Furtado. Down with Timbaland. Down with whatever their label is.
Taylor Alexander @ Jan 18th 2007 5:00PM
Yeah... the worst part is that, in the day and age of copyright protection taking over, there doesn't seem to be any headway in people actually STEALING your music and reselling it as a different song. WTF?
-Taylor
Fhaze @ Jan 18th 2007 4:54PM
Lets see, if the underdog does it we all rally behind him/her. If someone who is successful samples then its bad. If dangermouse hadn't sampled and mashed up Jayz and the Beatles there would be no Gnarls Barkley. It was the publicity he got from violating copyright that made him famous and sent him on his way.
So yes, if I sampled Nellys music and sold it for my own I would be in the press and eventually get multi-million dollar contracts.
TravistyOJ @ Jan 18th 2007 4:53PM
"Still, the fact that a major record producer is taking direct inspiration from a years-old chiptune composition speaks to both the creativity of the demoscene and the dearth of originality in modern pop music."
Well said, Kyle!
Tom Fronczak @ Jan 18th 2007 4:40PM
I give you guys the tip to the story and you just casually make the small 'read' button link to my site? :( harsh!! kay, i'll stop whining now, sorry.
Peaches @ Jan 18th 2007 4:58PM
"it's doubtful that the artist or even timbaland knew about any infringement..."
The artist does know about the infringement. Unless you mean Nelly? She probably knows nothing and is busy rolling in her mountain of cash.
"artists and producers often buy beats from independent beat-makers. they make a variety of beats, meet with the producer, play them for them, the producer buys the ones they like, then uses them to make a song."
The beat wasn't bought. Tempest knew nothing of Timbaland using the song in 'Do It', he only found out recently.
"these beats may feature a sample, or they may be completely original. even famous producers like kanye west do this, apparently. some producers like the neptunes or dr dre make most of their beats themselves, others go the purchase angle..."
The song was completely stolen. 'Do It' is basically 'Acid Jazzed Evening' with vocals and a thicker bass line.
"regardless, it's most likely this beat was purchased from some unknown, who would be the one who copied it from tempest. if it was me, i'd still pursue it."
So you agree it wasn't purchased from Tempest?
Yeah, I would also persue a case against Timbaland because it's ridiculous that he's stealing music, moreso that he's done it before and no one has said a thing.
Bucket @ Jan 18th 2007 6:12PM
Yes, we've come to a day and age when an artist's originality is defined by his/her ability to rip off more obscure sources.
When a producer manages to rip off a song from a demo tape made on a 4-track in a landfill, he will be considered a musical genius.
sheppy @ Jan 18th 2007 5:19PM
You know, record companies get to pull this kind of stuff all the time with zero remorse and punishment. As said before, this isn't exactly a new thing to happen. Happens all the time, actually. And even in the bigger acts.
Meanwhile, three days ago, RIAA was so proud of busting a DJ that was selling sampled mashup CDs. Think about this for a sec. The DJ which was selling copies of a project named something like QUEEN vs. Elvis, he's obviously a bad boy, worthless fuck who deserves jail time and massive fines. RIAA does the very same crime against an unknown, unsigned artist... and it's called "sampling."
Just remember this shit the next time you buy a CD and they have a pamplet about piracy.
Buckshot @ Jan 18th 2007 5:19PM
Or maybe tempest never copyrighted his "song", and it is not protected under ascap or bmi, so he has no recourse.
Peter @ Jan 18th 2007 5:29PM
#14 -
All original work is copyrighted as soon as it's created. Tempest may or may not have registered the copyright, but it's still under protection.
Furthermore, the file was publically available and has been for years, and has been publically performed.
Tempest has a case if he can afford a lawyer to pursue it.
BINGO! @ Jan 18th 2007 5:32PM
#14. BINGO! Doesnt matter whos first to market its first to copyright/patent. Is it morally right? Depends on who youre asking.
Buckshot @ Jan 18th 2007 5:36PM
#15
While copyright in the United States automatically attaches upon the creation of an original work of authorship, registration with the Copyright Office puts a copyright holder in a better position if litigation arises over the copyright. A copyright holder desiring to register his or her copyright should do the following:
1. Obtain and complete appropriate form.
2. Prepare clear rendition of material being submitted for copyright
3. Send both documents to U.S. Copyright Office in Washington, D.C.
P.S. It is the releasing record company job to check for sample clearance, not the artist or producer.
Peter @ Jan 18th 2007 5:37PM
#17 -
That's not how copyrights work.
In addition, Tempest was "first to market" when he publically released the music in a fashion that was available to anyone with an internet connection, and had a public performance of the music to over 5,000 people.
Peter @ Jan 18th 2007 5:41PM
#18 - Buckshot:
No one is going to debate that registering a copyright puts the creator in the best position for any potential legal issues, but you were completely wrong when you said that Tempest "has no recourse".
He has options, and multiple ways of establishing timeline.
sheppy @ Jan 18th 2007 5:51PM
Buckshot, I've had my own artwork show up on a T-Shirt in the Mall Of America (I was on Vacation... SUPRISE!) and I did take the company to court. Copyright law dictates the MOMENT something is created, it is protected under copyright laws. When I was younger, I didn't worry about going through the "uber protection routes" in the off case someone would steal my shit. And the law is specifically on a side like mine.
Whether officially registered or not, copyright is in favor of Tempest.
Dan @ Jan 18th 2007 6:00PM
Um... "Rap song"?
J-Zilla @ Jan 18th 2007 7:12PM
I think its cool when producers do this. sampling video games.... Check out OH NOs "Break" and "The ride" He samples Ninja Gaiden... very cool.
J-Zilla @ Jan 22nd 2007 6:41PM
P.S someone needs to Sample alot of the beats from the NES silver surfer game. Those beats are on point!
outlands @ Jan 18th 2007 7:09PM
There is a really well-written and documented article about this whole thing here:
http://www.c64audio.com/timbaland.php
The ZeroCorpse @ Jan 18th 2007 7:49PM
So the industry that sends thugs to bust down the doors of DJs using mix tapes and teenagers downloading music, the industry that absolutely SCREAMS about piracy, is supporting an out-and-out thief who violated every decent copyright law known to man?
And we're still seeing this album in stores and on the radio?
This needs to stop.
eletro @ Jan 18th 2007 9:24PM
"If dangermouse hadn't sampled and mashed up Jayz and the Beatles there would be no Gnarls Barkley. It was the publicity he got from violating copyright that made him famous and sent him on his way. "
True, but Danger Mouse never SOLD The Grey Album, or made any attempt to hide who the source material was from. It was only available as a free download (until Apple Records got their panties in a bunch). Timbaland is already a wealthy, well-known producer who should know better.
Nguyen @ Jan 18th 2007 10:28PM
As a side note, I can't stand Nelly Furtado's current music. Her first album was full of songs with meaning and reason, and then on this one it's just like every other get-rich-quick-by-selling-sex pop album with slutty songs that doesn't do justice to her vocal abilities.
I was listening to all the music links... and I actually enjoyed listening to Tempest and GRG's versions much more than Timbaland's.
Back to the topic: The whole situation with Dangermouse is like the opposite to what Timbaland is doing... where an unknown artist samples and remixes famous songs and properly credit them only to end up being dragged out in court. He was definitely talented, and with luck ended up being signed. But Timbaland already has his own label, and should know better. Instead he samples Tempest without any crediting and no one says a thing.