There’s a fascinating post over at Can’t Stop Won’t Stop, in which Jeff Chang interviews Angus Batey of the Guardian. They were talking about hip hop, archives and the idea of reissues and box sets. Batey mentioned that he’d been talking about this with Chuck D of Public Enemy, and the fact that this would be very difficult now that Universal Music owns Def Jam…
He also talked about something he called “new discovery” which would happen if and when anyone went back to the original PE master tapes and remixed or remastered them: there are sonic elements on those records which are unidentifiable, and indeed pretty much inaudible, in the finished and originally released versions, but without which the tracks don’t work – yet the legal onus would be on the company releasing a remaster to go through the multitracks and ensure every last thing was cleared. Chuck said those PE albums didn’t just contain samples from hundreds of records – they came from thousands.
Full clearance would be impossible under the present free-for-all rules; and there is absolutely no incentive for any of the people in the clearance industry to have those rules changed — unless, of course, it could be definitively demonstrated that a flat-rate clearance system would enable so much more sample clearance to take place that the overall sums involved would mean the whole pot of money accruing to each entity along the chain would be greater than that generated through the present system.