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Forum nameThe Lesson
Topic subjectAlso:
Topic URLhttp://board.okayplayer.com/okp.php?az=show_topic&forum=5&topic_id=3012168&mesg_id=3012338
3012338, Also:
Posted by BlakStaar, Thu Dec-06-18 03:20 PM
Re: Stones Throw sample clearance practices.
This is the comment to which I was referring. To be fair, it’s an anonymous comment and I don’t know the source of the user’s claim:
“What's funny is Stones Throw and Madlib are the most proactive, legally protected peoples when obtaining sample clearance and dealing with Copyright.
I think telling that the only song mentioned is "Sparkdala', which is currently being sold on what project? Probably the Quasimoto compilation right? Its such an old song, and its a B-Side from a limited press of a vinyl single. So I really think they just dropped the ball and that this is an oversight on the part of Stones Throw.”
https://www.reddit.com/r/hiphopheads/comments/355xg6/jazz_legend_bob_james_sues_hip_hop_producer/

Another Reddit comment from someone who appears to have engaged with Stones Throw’s Jeff Jank but who is speaking anonymously:
“About Dilla's Donuts, that was released by Stones Throw. I asked Jeff Jank, one of the heads at the label, how they went about clearing samples, and he wouldn't elaborate, saying only that it's different for each record and those agreements are private. I don't necessarily think he was being difficult, I think he was trying to be honest without having to pour the entire story out for me, and I'm sure it's a long one.”
https://www.reddit.com/r/theavalanches/comments/4u52ae/anyone_here_know_how_sampling_and_sample/

Peep this excerpt from an article authored by Egon, the former general manager of Stones Throw. It offers some interesting context:
“It’s not often that a sample clearance claim against a record company turns out to be an altogether pleasant experience. Usually it’s a blustery, puffy-chested affair with lawyers on both sides citing arcane copyright cases and threatening court proceedings as if the year were 1987 and Biz Markie had just released his first album on Cold Chillin.’
We’ve been fortunate enough to never have to deal with any of that, as our attorney is the kind of woman who teaches copyright legends about the outcome of the most recent Koons case and its application to sampling before they even know about it. As a result, we have gained access into the superb Raymond Scott catalog through our association with Basta Audio Visuals and Scott’s musical steward Irwin Chusid. And, more recently, we inked a deal with singer, songwriter, pianist and man-in-the-know Matthew Larkin Cassell.”
https://www.stonesthrow.com/news/2009/05/matthew-larkin-cassell

Another Egon-related article (an interview with Cut Chemist) from 2006 that provides some more insight on Stones Throw’s sample clearance process:
Egon: Running an independent label myself and trying to stay on top of clearing every sample, you always have to be prepared that someone's going to come knock on your door someday and try to settle.
Cut: Even if they don't even own it.
Egon: If something slips by you could be exposing your entire company to some serious problems. We're talking about independent companies here where you're trying to build things up to where you even have some money. A lot of people who are going after those using samples don't care. They've heard of that one Ohio Players sample that got 3.5 million dollars from the estate of Biggie Smalls. That sample being on a record that sold ten million copies is a lot different than it being on a 12-inch that sold 1,000. Do you feel that something needs to change?
https://www.stonesthrow.com/news/2006/10/beat-happenings

Another random thought on Madlib’s sampling: He has admitted YEARS AGO that he often doesn’t remember the record he sampled. When a mixtape blog released samples from the Madvillain album, they asked the site to take it down. So, I think sampling may have been an issue in the earlier years past not recently. The Internet has really changed things. Whosampled, for example, was not around when the label launched.