How Copyright Works: Interpolation vs. Sampling | Michael Jackson and Manu Dibango | Berklee
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- Опубліковано 12 вер 2018
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In this video, Berklee Online instructor E. Michael Harrington describes how replay and interpolation are different from sampling. The terms “replay” and “interpolation” are used interchangeably, and both mean that you are re-performing the music rather than sampling it. Though this concept still involves a copyright issue-you need to seek permission from the original artist in order to use the material-it’s less difficult to obtain permission than it is with sampling. Dr. Harrington focuses on Michael Jackson’s “Wanna Be Startin’ Somethin’,” the leadoff track on his smash album, “Thriller.” The last 89 seconds of the song-the “mama-say, mama-sa, ma-ma-ko-ssa” part-interpolates a 1972 song called “Soul Makossa” by Cameroonian artist Manu Dibango. Jackson used the song without permission, Dibango sued, and the two settled out of court. The Black Eyed Peas and Rihanna have also interpolated the phrase “mama-say, mama-sa, ma-ma-ko-ssa” in their music and had varying consequences!
About E. Michael Harrington:
Dr. E. Michael Harrington is a professor in music copyright and intellectual property matters. He has lectured at many law schools, organizations, and music conferences throughout North America, including Harvard Law, George Washington University Law, Hollywood Bar Association, Texas Bar, Minnesota Bar, Houston Law Center, Brooklyn Law, BC Law, Loyola Law, NYU, McGill, Eastman, Emory, the Experience Music Project, Future of Music Coalition, Pop Montreal, and others. He has worked as a consultant and expert witness in hundreds of music copyright matters including efforts to return "We Shall Overcome" and "This Land Is Your Land" to the public domain, and has worked with director Steven Spielberg, producer Mark Burnett, the Dixie Chicks, Steve Perry, Busta Rhymes, Samsung, Keith Urban, HBO, T-Pain, T. I., Snoop Dogg, Collin Raye, Tupac Shakur, Lady Gaga, George Clinton, Mariah Carey, and others. He sits on the editorial board of the Journal of Popular Culture, advisory board of the Future of Music Coalition and the Creators Freedom Project, and is a member of Leadership Music. Michael has been interviewed by the New York Times, CNN, Bloomberg Law, Wall Street Journal, Time, Huffington Post, Billboard, USA Today, Rolling Stone, Money Magazine, Investor's Business Daily, People Magazine, Life Magazine, and Washington Post, in addition to BRAVO, PBS, ABC News, NBC's "Today Show," the Biography Channel, NPR, CBC and others. He teaches Music Business Capstone and Music Licensing courses at Berklee Online, and is the course author and instructor for Music Business Law, part of the curriculum for Berklee Online’s Master of Art in Music Business degree.
About Berklee Online:
Berklee Online is the continuing education division of Berklee College of Music, delivering online access to Berklee's acclaimed curriculum from anywhere in the world, offering online courses, certificate programs, and degree programs. Contact an Academic Advisor today:
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Copyright Law | E. Michael Harrington | Sampling | Copyright Infringement | Replay | Interpolation | Michael Jackson | Thriller | Wanna Be Startin’ Somethin’ | mama-say, mama-sa, ma-ma-ko-ssa | Manu Dibango | Black Eyed Peas | Rihanna | Sound | Composition | Songwriter | Songwriting | Technique | Sound Recording | Songwriters | Berklee Online | Berklee College of Music
This information is so critical and important. Thank you for sharing it
Manu Dibango released the song in 1972. Also, Lafayette Afro-Rock Band recorded their version in 1973. Thanks for this informative slice of the music industry.
Clicked the picture before reading the caption! 🔥 I love all of your content I learn alot from watching you 🙏Thank you so much ✌
Dear Dr. Harrington,
first of all a big 'Thank You' for the very valuable and clear Information you are providing in your Videos!
I have some tricky question (tricky for me, at least). I am helping Horsedressage riders to put together their Music for freestyle-tests. Oftentimes the riders want instrumental Versions of current popsongs or moviethemes for that. So i get a videotape of the freestyle and align the music to picture.
This is where it starts to get tricky: sometimes i have to do slight tempo-variations, sometimes i have to re-arrange parts of the music. To emphasize several things, i sometimes even have to add parts like some percussion hits or some strings, which were not there in the original recordings.
This all alters the original piece not to a state, where its not instantly recognizable, but different from the original. So there might be three points to consider here: First: I reproduce the recording: That should be ok if I pay the given fees (in Germany to the GEMA). Second, i put the music into a diffent context: Movietheme now a part of dressage. The composer might not want this. Third: I alter the original piece. The composer might not want this either. There is even an additional complication: these edits are often done during the last days of the training, so gettining clearance from composers might not be possible in that short time.
Having said all that, I am not earning any moeny from this, i am really just helping out. My intent is just to find means to do act 'as legal as possible'. So how can this be solved?
all the best,
Ralf Nolte
Very helpful information 👍
THIS. IS. WHAT. I. NEED!!!!! Thank you so much
Just give em the pickle
Actually Soul Makosaa came out in 1972. I heard that the settlement was a one time lump sum payment as Manu still doesn't have copyright credit on later realeses of the song.
Thank you
thank you! Disappointed that they don't treat interpolation as a compulsory issue mechanical license. like why can a Jazz artist quote something and I can't with out permission and a license?
Hello sir and thanks for the informations. I have a question. I am creating a poster for a popular event here in Canada and I would like to use a part of the Soul Makossa partition in my layout to salute the recent death of Manu Dibango... A couple of notes only... I am infringing copyrights if I do that? Thank you.
Thank you, this was very informative. Is it considered "replay" if you change the words but keep the melody that it was said.
That's not what he said lol. Replay is just reperforming any part of the recording.
That is the definition of interpolation.
In response to your point about using the part less for fair use, that could still be Not considered fair use. There's no defining rule on what has to be considered fair use
Thank you, could you tell us, more about fair use
And they're trying to save three song and it's legacy by getting people to believe he was saying " I'ma say it one more time I'm not go'n stop"
You didn't have to clear samples in 1982.
I have recently investigated MJ. No doubt at all that (Like Quincy Jones said) he stole a LOT of material. It wasn't a matter of unconsciously hearing a song and then it accidently comes out in one's own musical creations..........MJ was a musical thief.
it should surprise anyone, however.
He did not give credit to the fellow who made the intro lick for "Don't Stop"...AND on some albums he credited himself with playing guitar, when it was clear he could play no musical instrument.
The biggest form of flattery is stealing. Play, or quit playin' bro. Don't hate the player, hate he game.