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Topic ClosedGentle Giant HAS BEEN HIP-HOP SAMPLED!!!

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Direct Link To This Post Posted: February 18 2006 at 23:53

Originally posted by Inferno Inferno wrote:





Just like that, there is no rights on music my friend when you write a song. Only on the lyrics.

Are you crazy Inferno, this is absurd, there are two copyright symbols for albums:

  • Circle P  phonogram copyright symbol: Means Phonogram, this copyright protects the music itself.
  • Circle C © : Means Copyright, protects the lyrics and art of the album, even the artistic covers.


If they only sampled music and few words (witch seems to be only 4) it's legal!!

I will have to use the same example, Vanilla Ice only copied a bass riff from Under Pressure, not a single lyric, the Queen Bowie version uses no lyrics in that part and VI's version uses the words Ice Ice Baby over the bass, This was enough for Queen lawyers to obtain a settlement out of court.

They would have been a lot of court case with Dream theater if Music had rights

Again, this is the copyright law Title 17 (British law is almost identical because it's part of an international convention), but even if it was different, I'm sure GG label copyrighted the album before selling it in USA.

Quote

TITLE 17 > CHAPTER 1 > § 102  |

§ 102. Subject matter of copyright: In general

Release date: 2005-08-01

(a) Copyright protection subsists, in accordance with this title, in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. Works of authorship include the following categories:
(1) literary works;
(2) musical works, including any accompanying words;
(3) dramatic works, including any accompanying music;
(4) pantomimes and choreographic works;
(5) pictorial, graphic, and sculptural works;
(6) motion pictures and other audiovisual works;
(7) sound recordings; and
(8) architectural works.
http://www.law.cornell.edu/uscode/html/uscode17/usc_sec_17_0 0000102----000-.html

I want to ask you something, Do you believe that the Vangelis Charriots of Fire and the soundtrack of Blade Runner are not protected??????

Every intellectual work can be protected, a judge will decide if another work is a copy or simply casual similarities, but music is protected in any country of the world.

No company will accept to release instrumental albums if music coouldn't be protected, because the next day a successful instrumental love song is released you would have 30 artists recording the same song.

You can evenn read in some cases Music by X and lyrycs by Y artist.


And I'm pretty much sure that the musician of Gentle careless if they have been sampled or not! This thread is quite ridiculous and pretentious over the genre! This only prove that the hip-hop artist had an idea over a sample of a Gentle Giant and worked with it!

This is also illegal:

Quote
TITLE 17 > CHAPTER 1 > § 103  |

§ 103. Subject matter of copyright: Compilations and derivative works

Release date: 2005-08-01

(a) The subject matter of copyright as specified by section 102 includes compilations and derivative works, but protection for a work employing preexisting material in which copyright subsists does not extend to any part of the work in which such material has been used unlawfully.

This also prove that Prog fans are too much elitist to understand other genre like Hip-hop.

This only means that you are not informed about the law, the text is clear, I don't care if somebody samples Yes, Queen or Donna Summer, a theft is a theft, and the law protects the author that copyrighted his intellectual work (Elitist or not ).

Iván

Walrus wrote:

Quote I believe that record was released in 1970 so the rights to the song just ran out. Anyway it would have been better if the rapper paid Gentle Giant but i have to admit i am pleasantly surprised he would put that in his rap.

No Walrus, you misunderstood me, the label owns the rights for 25 years, then it returns to the author and he owns it for live, even 70 - 125 years after his death his family owns the rights, after that it's public domain.

Quote

Works Originally Created on or after January 1, 1978

A work that is created (fixed in tangible form for the first time) on or after January 1, 1978, is automatically protected from the moment of its creation and is ordinarily given a term enduring for the author's life plus an additional 70 years after the author's death. In the case of "a joint work prepared by two or more authors who did not work for hire," the term lasts for 70 years after the last surviving author's death. For works made for hire, and for anonymous and pseudonymous works (unless the author's identity is revealed in Copyright Office records), the duration of copyright will be 95 years from publication (NOTE: This is a legal fiction includes the first 25 years of the publisher which I explained on a previous post, after that the right passes to the author or his family until 70 years after his death. Being that in this case the name of the author is unknown, the law indicates a fictional death date in the day when the 25 years of the author expire) or 120 years from creation, whichever is shorter.

Works Originally Created before January 1, 1978, But Not Published or Registered by That Date

These works have been automatically brought under the statute and are now given federal copyright protection. The duration of copyright in these works will generally be computed in the same way as for works created on or after January 1, 1978: the life-plus-70 or 95/120-year terms will apply to them as well. The law provides that in no case will the term of copyright for works in this category expire before December 31, 2002, and for works published on or before December 31, 2002, the term of copyright will not expire before December 31, 2047.

Iván



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Direct Link To This Post Posted: February 18 2006 at 23:45
I believe that record was released in 1970 so the rights to the song just ran out. Anyway it would have been better if the rapper paid Gentle Giant but i have to admit i am pleasantly surprised he would put that in his rap.
If anyone knows where I can get a copy of some Flute and Voice (Indo-Prog/Raga Rock) albums please PM me! Many thanks!
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Direct Link To This Post Posted: February 18 2006 at 23:38
Originally posted by The Ryan The Ryan wrote:

I have emailed the webmaster of the official Gentle Giant website in hopes that this information will reach the musicians soon. I would love to see the band try to prosecute this man to the fullest extent (assuming this really is fraud and Gentle Giant never gave permission), and for now I will be dreaming of a court case.

Something about thieves really turns me off.





Just like that, there is no rights on music my friend when you write a song. Only on the lyrics.


If they only sampled music and few words (witch seems to be only 4) it's legal!!


They would have been a lot of court case with Dream theater if Music had rights


And I'm pretty much sure that the musician of Gentle careless if they have been sampled or not! This thread is quite ridiculous and pretentious over the genre! This only prove that the hip-hop artist had an idea over a sample of a Gentle Giant and worked with it! This also prove that Prog fans are too much elitist to understand other genre like Hip-hop.


Edited by Inferno
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Direct Link To This Post Posted: February 18 2006 at 23:38

Originally posted by The Ryan The Ryan wrote:

There's nothing moral about what's happened, all decent people want justice to play its role and it's a shame that one note really does make that much of a difference in a case.

I'm glad to tell you that Mr Van Winkle's (Vanilla Ice) argument of one changed note didn't work. They settled out of court, I have just checked it.

The law is usually cold and exact, but judges are not stupid, I only need to play Ice Ice Baby and Under Pressure before any normal judge and he will notice inmediately that this is a covered felony and will give Queen/Bowie the reason.

With more technology there's more loopholes, I'm so bored of sampling for life.

The problem of technology is really dangerous, because this guys with almost a PC and a couple of microphones can sample a song and with the money provided by a label usually in the form of a loan (who knows this songs are illegally copíed) release he album using a fake label created only to release that album.

This fake labels don't have accounts, goods or properties, so when the owner of the right sues them, there's no money to pay him, because the first thing this fake labels do is pay the loan to the legal label, who doesn't have to pay the author because in theory they are not responsible.

Law is fascinating.

Iván

            
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Direct Link To This Post Posted: February 18 2006 at 23:28
Originally posted by ivan_2068 ivan_2068 wrote:

Originally posted by The Ryan The Ryan wrote:

I have emailed the webmaster of the official Gentle Giant website in hopes that this information will reach the musicians soon. I would love to see the band try to prosecute this man to the fullest extent (assuming this really is fraud and Gentle Giant never gave permission), and for now I will be dreaming of a court case.

Something about thieves really turns me off.

Again, if I wa GG's lawyer, I would advice them not to say a word (not even to you despíte your good intentions) .

If this copy is not well sold (lets say 10 million copies) it0's useless, the profits are too low to pay the legal costs, and probably this hip hopper will declare himself in bankruptcy so he's not forced to pay.

If this song sells more than 10'000,000 coipies I would go to a judge and ask them for an order to freeze the acounts of the hip hopper and the label, so I ensure that my client will recieve every cent that came from that song.

Iván

Points taken....

I still don't like thieves.

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Direct Link To This Post Posted: February 18 2006 at 23:26
Originally posted by The Ryan The Ryan wrote:

I have emailed the webmaster of the official Gentle Giant website in hopes that this information will reach the musicians soon. I would love to see the band try to prosecute this man to the fullest extent (assuming this really is fraud and Gentle Giant never gave permission), and for now I will be dreaming of a court case.

Something about thieves really turns me off.

Again, if I was GG's lawyer, I would advice them not to say a word (not even to you despíte your good intentions) .

According to the law (we checked it on another thread) the label or producer owns the rights of the songs for 25 years, I don't know when GG released that track, so I can't assure if the band or the author owns the rights.

If this copy is not well sold (lets say 10 million copies) it's useless, the profits are too low to pay the legal costs, and probably this hip hopper will declare himself in bankruptcy so he's not forced to pay.

If this song sells more than 10'000,000 coipies I would go to a judge and ask them for an order to freeze the acounts of the hip hopper and the label, so I ensure that my client will recieve every cent that came from that song.

Iván



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Direct Link To This Post Posted: February 18 2006 at 23:23
Originally posted by ivan_2068 ivan_2068 wrote:

Originally posted by alan_pfeifer alan_pfeifer wrote:

 

 Again, has anyone made an attempt to contact Gentle Giant somehow?  E-mail?  Letter?  Carrrier pigeon? 

Alan, this is my job and I know it well, if you use a fragment (a chord is enough like in the Ice Ice Baby - Under Preassure case) and even if you have permission from the owner, you MUST include the original credits and the phrase "Used with permission of Gentle Giant"

I haven't seen the recording, but I know how usually this "samplers" (refuse to call them musicians) work, they just search for old recordings and copy a chord, they change a single note and they affirm that it's not a copy.

But intellectual Property laws have evolved and today is not easy, but Gentle Giant doesn't exist, probably the rights have prescribed and I'm not sure if the label cares about somobody copying part of one very unpopular album.

I suppose telling you guys that can has been sampled before would get your panties in an uproar too.

Honestly, all the money recovered from the illegal user goes to the lwyers, so usually bands don't care too much, unless they are on activity and using that song in their gigs as in the case of Queen where if I'm not wrong they settled outside court, not only with Vanilla Ice, but also with Sugar Knight who left Vanilla Ice hanging on  a balcony to force him to sign him the rights for Ice Ice Baby, that's the world of rappers.

Iván

There's nothing moral about what's happened, all decent people want justice to play its role and it's a shame that one note really does make that much of a difference in a case.

With more technology there's more loopholes, I'm so bored of sampling for life.

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Direct Link To This Post Posted: February 18 2006 at 23:21
Originally posted by ivan_2068 ivan_2068 wrote:

Originally posted by hegelec hegelec wrote:

Originally posted by hegelec hegelec wrote:

But let's not judge not Mr. Doom as a musician; the whole rap movement is rooted in its poetry - the music itself is often ancillary to the words.  Having listened to the song several times, MF Doom still retains his credibility as an artist in this respect, even if not as a musician.

i think you and i are on the same wavelength, the ryan.

Poetry is a written form of art, it has it's own value, repeating a stolen or ripped chord ad nauseam is not an art form it's plagiarism (A FELONY). If he wants to be a poet, he should write books.

But no, poetry is not profitable, poetry doesn't win grammys or million dollars contracts.

It's much easier to rip a real musician's work and don't even mention him. Remember Vanilla Ice when he ripped Queen's music, he said that it was an original work because he changed one note .

If this DJ or whatever term you want to give him, was so talented he would write his own music, you don't even need to be mnediocre to create a chord and repeat it adding drum beats (electronic BTW), this guys don't have imagination at all.

And don't compare this guy with Led Zeppelin, this band had more original and 100% own tracks, hip hop andrap are heavily based in sampling.

I won't give my opinion about hip hop because I already wrote it repeteadly.

Iván

 

I agree. 

Does anyone have the actual CD to see if GG was credited?  A lot of rappers have been sued for not crediting obviously pirated (or lifted) parts.  In these days of ProTools, you can make a 64-bit sample of any song by simply highlighting the data and doing a "copy/paste".  The whole process takes about 30 seconds or less.  

I'm glad that MF Doom listens to GG, however, it's just plain wrong not to mention illegal to plagiarize their music, if that is what he did. 

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Direct Link To This Post Posted: February 18 2006 at 23:18

I have emailed the webmaster of the official Gentle Giant website in hopes that this information will reach the musicians soon. I would love to see the band try to prosecute this man to the fullest extent (assuming this really is fraud and Gentle Giant never gave permission), and for now I will be dreaming of a court case.

Something about thieves really turns me off.



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Direct Link To This Post Posted: February 18 2006 at 23:17
Originally posted by alan_pfeifer alan_pfeifer wrote:

 

 Again, has anyone made an attempt to contact Gentle Giant somehow?  E-mail?  Letter?  Carrrier pigeon? 

Alan, this is my job and I know it well, if you use a fragment (a chord is enough like in the Ice Ice Baby - Under Preassure case) and even if you have permission from the owner, you MUST include the original credits and the phrase "Used with permission of Gentle Giant"

I haven't seen the recording, but I know how usually this "samplers" (refuse to call them musicians) work, they just search for old recordings and copy a chord, they change a single note and they affirm that it's not a copy.

But intellectual Property laws have evolved and today is not easy, but Gentle Giant doesn't exist, probably the rights have prescribed and I'm not sure if the label cares about somobody copying part of one very unpopular album.

I suppose telling you guys that can has been sampled before would get your panties in an uproar too.

Honestly, all the money recovered from the illegal user goes to the lwyers, so usually bands don't care too much, unless they are on activity and using that song in their gigs as in the case of Queen where if I'm not wrong they settled outside court, not only with Vanilla Ice, but also with Sugar Knight who left Vanilla Ice hanging on  a balcony to force him to sign him the rights for Ice Ice Baby, that's the world of rappers.

I'm sure the owners of Can and/or Gentle Giant will patiently wait, if this hip hopper sells 10 or 20 million coipies, then they will send their dogs (lawyers), if he doesn't have success it's a waste of time and money.

Iván



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Direct Link To This Post Posted: February 18 2006 at 22:50
Originally posted by alan_pfeifer alan_pfeifer wrote:

Originally posted by ivan_2068 ivan_2068 wrote:

Originally posted by hegelec hegelec wrote:

Originally posted by hegelec hegelec wrote:

But let's not judge not Mr. Doom as a musician; the whole rap movement is rooted in its poetry - the music itself is often ancillary to the words.  Having listened to the song several times, MF Doom still retains his credibility as an artist in this respect, even if not as a musician.

i think you and i are on the same wavelength, the ryan.

Poetry is a written form of art, it has it's own value, repeating a stolen or ripped chord ad nauseam is not an art form it's plagiarism (A FELONY). If he wants to be a poet, he should write books.

But no, poetry is not profitable, poetry doesn't win grammys or million dollars contracts.

It's much easier to rip a real musician's work and don't even mention him. Remember Vanilla Ice when he ripped Queen's music, he said that it was an original work because he changed one note .

If this DJ or whatever term you want to give him, was so talented he would write his own music, you don't even need to be mnediocre to create a chord and repeat it adding drum beats (electronic BTW), this guys don't have imagination at all.

And don't compare this guy with Led Zeppelin, this band had more original and 100% own tracks, hip hop andrap are heavily based in sampling.

I won't give my opinion about hip hop because I already wrote it repeteadly.

Iván

 

 Again, has anyone made an attempt to contact Gentle Giant somehow?  E-mail?  Letter?  Carrrier pigeon? 

I suppose telling you guys that can has been sampled before would get your panties in an uproar too.

Alan! I went over this concerning ULVER on a previous page (Ulver samples). My panties never get in an uproar.



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Direct Link To This Post Posted: February 18 2006 at 22:49
Originally posted by ivan_2068 ivan_2068 wrote:

Originally posted by hegelec hegelec wrote:

Originally posted by hegelec hegelec wrote:

But let's not judge not Mr. Doom as a musician; the whole rap movement is rooted in its poetry - the music itself is often ancillary to the words.  Having listened to the song several times, MF Doom still retains his credibility as an artist in this respect, even if not as a musician.

i think you and i are on the same wavelength, the ryan.

Poetry is a written form of art, it has it's own value, repeating a stolen or ripped chord ad nauseam is not an art form it's plagiarism (A FELONY). If he wants to be a poet, he should write books.

But no, poetry is not profitable, poetry doesn't win grammys or million dollars contracts.

It's much easier to rip a real musician's work and don't even mention him. Remember Vanilla Ice when he ripped Queen's music, he said that it was an original work because he changed one note .

If this DJ or whatever term you want to give him, was so talented he would write his own music, you don't even need to be mnediocre to create a chord and repeat it adding drum beats (electronic BTW), this guys don't have imagination at all.

And don't compare this guy with Led Zeppelin, this band had more original and 100% own tracks, hip hop andrap are heavily based in sampling.

I won't give my opinion about hip hop because I already wrote it repeteadly.

Iván

 

You pretty much just said what I did many times over before, Ivan, I agree. One thing was sort of contradictory though, poetry can be verbal, not just written. It's a fact, considering it's done so often.

All rap/hip-hop really has done in poetry-terms is create repetitive rhyme schemes and throw in some alliteration. I don't consider it poetry personally, but so many other people do I'm not going to talk about it any further unless someone posts something ludacris.

Honestly I doubt most 'rappaz' (Mr. Doom included) know how to play any instrument coherently.

hegelec, you may be on my page in some ways but I will go ahead and judge Mr Doom as a musician. But since he's not a musician, he's trash to my musical tastes obviously, I can't believe people like him make money, where is the Gentle Giant lawyer??!?!

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Direct Link To This Post Posted: February 18 2006 at 22:45
Originally posted by ivan_2068 ivan_2068 wrote:

Originally posted by hegelec hegelec wrote:

Originally posted by hegelec hegelec wrote:

But let's not judge not Mr. Doom as a musician; the whole rap movement is rooted in its poetry - the music itself is often ancillary to the words.  Having listened to the song several times, MF Doom still retains his credibility as an artist in this respect, even if not as a musician.

i think you and i are on the same wavelength, the ryan.

Poetry is a written form of art, it has it's own value, repeating a stolen or ripped chord ad nauseam is not an art form it's plagiarism (A FELONY). If he wants to be a poet, he should write books.

But no, poetry is not profitable, poetry doesn't win grammys or million dollars contracts.

It's much easier to rip a real musician's work and don't even mention him. Remember Vanilla Ice when he ripped Queen's music, he said that it was an original work because he changed one note .

If this DJ or whatever term you want to give him, was so talented he would write his own music, you don't even need to be mnediocre to create a chord and repeat it adding drum beats (electronic BTW), this guys don't have imagination at all.

And don't compare this guy with Led Zeppelin, this band had more original and 100% own tracks, hip hop andrap are heavily based in sampling.

I won't give my opinion about hip hop because I already wrote it repeteadly.

Iván

 

 Again, has anyone made an attempt to contact Gentle Giant somehow?  E-mail?  Letter?  Carrrier pigeon? 

I suppose telling you guys that can has been sampled before would get your panties in an uproar too.

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Direct Link To This Post Posted: February 18 2006 at 22:38
Originally posted by hegelec hegelec wrote:

Originally posted by hegelec hegelec wrote:

But let's not judge not Mr. Doom as a musician; the whole rap movement is rooted in its poetry - the music itself is often ancillary to the words.  Having listened to the song several times, MF Doom still retains his credibility as an artist in this respect, even if not as a musician.

i think you and i are on the same wavelength, the ryan.

Poetry is a written form of art, it has it's own value, repeating a stolen or ripped chord ad nauseam is not an art form it's plagiarism (A FELONY). If he wants to be a poet, he should write books.

But no, poetry is not profitable, poetry doesn't win grammys or million dollars contracts.

It's much easier to rip a real musician's work and don't even mention him. Remember Vanilla Ice when he ripped Queen's music, he said that it was an original work because he changed one note .

If this DJ or whatever term you want to give him, was so talented he would write his own music, you don't even need to be mnediocre to create a chord and repeat it adding drum beats (electronic BTW), this guys don't have imagination at all.

And don't compare this guy with Led Zeppelin, this band had more original and 100% own tracks, hip hop andrap are heavily based in sampling.

I won't give my opinion about hip hop because I already wrote it repeteadly.

Iván

 



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Direct Link To This Post Posted: February 18 2006 at 21:03
Originally posted by hegelec hegelec wrote:

But let's not judge not Mr. Doom as a musician; the whole rap movement is rooted in its poetry - the music itself is often ancillary to the words.  Having listened to the song several times, MF Doom still retains his credibility as an artist in this respect, even if not as a musician.

i think you and i are on the same wavelength, the ryan.

Cheers!
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Direct Link To This Post Posted: February 18 2006 at 17:23
Originally posted by Certif1ed Certif1ed wrote:

Originally posted by The Ryan The Ryan wrote:

I was not implying, you were inferring.

Someone who samples can be a musician, but sampling ALONE makes no one a musician by any credible definition. Music and instruments go hand and hand, a 'toolkit' is there for tuneups.

I know you weren't implying, I was being kind to someone who needed a clue.

I only inferred by your exact words, excuse me for not reading between them.

A toolkit is for more than tuneups - the problem with generalisms is that they miss huge areas of fact.

Here's another one of yours:

 

Originally posted by The Ryan The Ryan wrote:

Digital sampling does not involve an instrument.

Can anyone else spot the "deliberate" mistake?

Doh! I was having three differnet conversations at the time of typing that.

I was refering to the act of sampling itself, rather than the sampling of instruments. What you need to be able to "sample" is not an instrument.



Edited by The Ryan
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Direct Link To This Post Posted: February 18 2006 at 17:18
Originally posted by The Ryan The Ryan wrote:

I was not implying, you were inferring.

Someone who samples can be a musician, but sampling ALONE makes no one a musician by any credible definition. Music and instruments go hand and hand, a 'toolkit' is there for tuneups.

I know you weren't implying, I was being kind to someone who needed a clue.

I only inferred by your exact words, excuse me for not reading between them.

A toolkit is for more than tuneups - the problem with generalisms is that they miss huge areas of fact.

Here's another one of yours:

 

Originally posted by The Ryan The Ryan wrote:

Digital sampling does not involve an instrument.

Can anyone else spot the "deliberate" mistake?



Edited by Certif1ed
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Direct Link To This Post Posted: February 18 2006 at 17:08
Originally posted by Pseud0 Pseud0 wrote:

^ correct. you wont see a rapper sampling a soul singer (or whatever the hell its called) in the way ulver did on 'blinded by blood'

You're one of those people who understands the difference. Lucky you

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Direct Link To This Post Posted: February 18 2006 at 17:07

^ correct. you wont see a rapper sampling a soul singer (or whatever the hell its called) in the way ulver did on 'blinded by blood'

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Direct Link To This Post Posted: February 18 2006 at 17:04
Originally posted by Zweck Zweck wrote:

Originally posted by Pseud0 Pseud0 wrote:

Originally posted by Zweck Zweck wrote:

Originally posted by Pseud0 Pseud0 wrote:


sorry, but rappers dont have very much musical talent.  If they did, they would write their own music.  All these guys do is take other peoples music and talk in rhymes over it


horrible.


And Ulver would be above that sort of stuff, now wouldn't they? And while we're at it, let's denounce almost all orchestras, as most of them just play some sh*t written on pieces of paper, it's like reciting poems.


ulver and rap are completely uncomparable.  Where in ulver's music is there stolen repetitive samples with backbeats and moron's rhyming over them?



Whether G. is a moron or not I leave entirely up to you, however, I do believe much of "Blood Inside" is based upon samples one way or another. And more concretely there's a song on the Blake-album where I distinctly hear Coil, which is a bit ironic as they based most of their sounds on samples. And as far as beats go, there's no way you can deny the omniprescence of beats in Ulvers music.

"Line-up

- Trickster G. (aka Garm) / vocals
- Tore Ylwizaker / programming
- Jřrn H. Svćren / drums

- Bosse / guitar (2)
- Czral / drums (9)
- Jeff Gauthier / violin (8)
- Havard Jorgensen (aka Haavard) / guitar (1, 2, 8)
- Mike Keneally / guitar (3, 9)
- Andreas Mjos / vibraphone (4, 7)
- Maja S.K. Ratkje / choir (8)
- Knut Aalefjaer / drums, percussion (2, 3, 9)"

You're right about the samples, Zweck, yet there's so much more to this album/band then simple monotonous beats with bad poetry spoken at me on an audio CD as I've said. I'm not a fan of Ulver so don't make me out to be one, but I do know that they've tried plenty of things to distinguish themselves among everyone else in the modern world who samples music.

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