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Sampling Music

All Sampling Music Laws You Need To Know

illustration of a gavel for sampling music laws
illustration of a gavel for sampling music laws
illustration of a gavel for sampling music laws

January 19th, 2024

Arib Khan

In the ever-evolving landscape of the music industry, where creativity and innovation run rampant, it is essential to navigate the intricate web of sampling music laws. From the courts to the recording studios, the art of sampling has sparked debates, influenced genres, and redefined the boundaries of musical expression. In this blog, we will delve into the fascinating world of sampling music laws, exploring the legal intricacies, the impact on artists and record labels, and the future of this transformative practice.

Sampling music laws, like a symphony in motion, harmonize the rights of artists, protect intellectual property, and ensure fair compensation. From understanding the legal doctrine of fair use to discussing landmark court cases that have shaped the industry, we will uncover the nuances and complexities of sampling music laws. With a friendly yet professional approach, we will explore how these laws play a crucial role in striking a balance between artistic freedom and copyright protection, and how they have contributed to the evolution of music as we know it. 

Whether you are an aspiring artist, a curious music lover, or a legal enthusiast, this blog will offer insights, anecdotes, and expert perspectives, elevating your understanding of the dynamic world where music and the law entwine. So, take a seat in the front row as we embark on this melodic journey through sampling music laws, where every record music is a chapter waiting to be explored.

Table of Contents

What is Music Sampling?


person using sampling software - sampling music laws


Sampling music has become a widespread practice in the music industry, allowing artists to create unique and innovative works by incorporating elements from existing musical recordings. It involves taking a portion, or sample, of a pre-recorded sound and integrating it into a new composition. This technique has revolutionized the way music is created and has had a profound impact on various genres and styles.

Artistic Innovation


Music sampling is the process of borrowing and reusing sections of sound recordings to create new compositions. It typically involves extracting a specific segment, such as a drum loop, guitar riff, or vocal line, from a previously recorded song and incorporating it into a new piece. This technique allows artists to build upon existing musical material, adding their own creative touch and layering it with additional elements to produce a fresh and distinct sound.

Digital Revolution


Sampling can be done in several ways. One method involves physically manipulating vinyl records by using turntables and mixers, as popularized in hip-hop culture. Another approach is to digitize and manipulate audio files using software on computers and music production equipment. The availability of digital sampling technology has made it easier for artists to experiment with a wide range of sounds and create complex compositions.

The Evolution of Sampling Laws: From Uncertainty to Clarity


As the practice of music sampling gained popularity, legal issues and controversies arose around copyright infringement. Initially, there was ambiguity regarding the legal boundaries of sampling, leading to numerous lawsuits and disputes. Over time, sampling laws have evolved to provide clarity and guidance to artists, producers, and copyright holders.

The Birth of Clearing Samples: Obtaining Legal Permissions


Clearing a sample involves seeking legal permissions from the copyright owner(s) of the original recording before using it in a new composition. This process ensures that the original artists and rights holders are properly compensated for their work. Clearing samples requires navigating complex copyright laws and can involve negotiations, licensing agreements, and royalty payments.

Fair Use: The Balancing Act between Creativity and Copyright


The concept of fair use plays a significant role in determining the legality of music sampling. Fair use allows for the limited use of copyrighted material without permission, specifically for transformative purposes such as commentary, criticism, or parody. Determining what qualifies as fair use in the context of music sampling can be subjective and often requires legal interpretation.

Sampling Lawsuits: Landmark Cases and Precedents


Throughout the history of music sampling, several landmark lawsuits have shaped sampling laws and set important precedents. One notable case is Grand Upright Music, Ltd. v. Warner Bros. Records Inc., where the court ruled that unauthorized sampling constitutes copyright infringement, even if the sample was altered or manipulated. This decision established a clear standard for sampling legality and emphasized the importance of obtaining proper permissions.

Sampling Laws Around the World: Global Perspectives


Sampling laws vary from country to country, making it essential for artists and producers to understand the legal frameworks in different jurisdictions. While some countries, such as the United States, have specific regulations and guidelines for sampling, others may rely on broader copyright laws. Familiarizing oneself with the sampling laws of each relevant territory helps ensure compliance and avoids potential legal complications.

The Future of Sampling: Innovation and Collaboration


As technology continues to advance, the possibilities for music sampling are expanding. Artists now have access to sophisticated software and tools that enable them to manipulate and blend samples in ways never before possible. The rise of collaborative platforms and online communities allows musicians to connect and share their work, fostering a rich and diverse sampling culture.

Music sampling is a powerful tool that fuels creativity, enabling artists to reimagine and repurpose existing musical recordings. While navigating sampling laws can be complex, understanding the legal boundaries and obtaining proper permissions ensures that artists can continue to push the boundaries of music while respecting the rights of others. As sampling continues to evolve, it will undoubtedly shape the future of music and inspire new generations of musicians to explore uncharted sonic territories.

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Legal Implications of Sampling Music Without Permission


gavel of judge - sampling music laws


Sampling music without permission from the original artist can have significant legal implications. We will explore the various legal aspects associated with sampling music and the potential consequences for those who engage in this practice without obtaining proper permission.

1. Copyright Infringement


One of the primary legal implications of sampling music without permission is copyright infringement. Copyright law protects the original works of artists, including musical compositions and recordings. When a musician or producer samples a copyrighted song without obtaining proper authorization, they are essentially using someone else's intellectual property without permission. This can lead to legal action by the original artist or copyright holder, who may seek damages or an injunction to stop the unauthorized use of their work.

2. Fair Use Doctrine


While copyright infringement is generally the default legal position when sampling music without permission, there are some exceptions. The fair use doctrine allows limited use of copyrighted material without permission, primarily for purposes such as criticism, comment, news reporting, teaching, scholarship, or research. It is important to note that the fair use defense is highly subjective and depends on factors such as the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion used, and the effect of the use on the market for the original work. Sampling music for commercial purposes is less likely to be deemed fair use.

3. Licensing and Clearances


To legally sample music, musicians and producers must obtain licenses and clearances from the original copyright holders. There are two main types of licenses required: mechanical licenses and synchronization licenses. Mechanical licenses are necessary to reproduce and distribute the sampled music, while synchronization licenses are required if the sampled music is to be used in conjunction with visual media, such as films or commercials. Obtaining these licenses involves negotiating with the copyright holders and usually involves paying royalties or fees for the use of their work.

4. Sampling Interpolation


Another legal consideration when sampling music is the concept of sampling interpolation. This refers to the practice of re-recording musical elements from a copyrighted song instead of directly sampling the original recording. While this may seem like a way to circumvent copyright issues, it can still be considered copyright infringement if substantial elements of the original composition are used without permission. Courts have generally held that even if a sample is re-recorded, the underlying composition is still protected by copyright.

5. Consequences and Penalties


Engaging in unauthorized sampling can result in serious consequences and penalties. If found guilty of copyright infringement, the offending party may be required to pay substantial damages to the original artist or copyright holder. In some cases, especially if the infringement is deemed willful, the penalties can exceed the actual damages incurred and may include statutory damages, attorneys' fees, and even criminal charges. The court may issue an injunction to prevent further unauthorized use of the sampled material.

The legal implications of sampling music without permission from the original artist are significant. Copyright infringement, fair use considerations, licensing and clearances, sampling interpolation, and potential consequences and penalties all play a role in determining the legal standing of unauthorized sampling. Musicians and producers should be aware of these laws and take appropriate steps to obtain permission or use samples in a legally compliant manner.

All Sampling Music Laws You Need To Know


vintage radio on a table - sampling music laws


Sampling is a popular technique used by musicians to incorporate elements of existing songs into their own compositions. While it can result in innovative and creative pieces of music, it is important for musicians to be aware of the legal implications and sampling music laws that govern this practice. We will explore and explain the various sampling music laws that every musician should know.

1. Copyright Law and the Doctrine of Fair Use


Copyright law is the foundation of sampling music laws. It grants exclusive rights to copyright holders, including the right to control the reproduction, distribution, and modification of their works. The doctrine of fair use allows limited use of copyrighted material without permission, depending on the purpose, nature, amount, and effect of the use. Sampling falls under fair use when it is transformative, meaning it adds new meaning or expression to the original work.

2. Permission and Licensing


To legally sample a copyrighted song, musicians must obtain permission from the copyright holder or obtain a license. This is typically done through a sample clearance process, which involves negotiating and obtaining permission from the rights holders, often the original artist, record label, and music publisher. Licensing fees may be required, and the terms of use should be agreed upon in writing.

3. Sampling Clearance Services


Musicians may utilize sampling clearance services, such as independent sample clearance companies or music publishers, to navigate the complex process of obtaining sample clearance. These services help identify and contact the appropriate copyright holders, negotiate licensing agreements, and ensure compliance with sampling music laws.

4. Clearance vs. Interpolation


Clearance refers to the process of obtaining permission to use a specific sample from a copyrighted work. In contrast, interpolation involves re-recording or re-creating the original sample, rather than directly using the recorded material. Interpolation can be a way to avoid the need for sample clearance, as it falls under the category of creating an original work rather than using a copyrighted one.

5. The Duration and Length of Samples


Sampling music laws also address the duration and length of samples. While there is no specific legal standard, using shorter samples, particularly those that are transformative and not easily recognizable, is generally considered more likely to fall under fair use. It is essential to keep in mind that even very short samples can still be subject to copyright infringement claims.

6. Public Domain and Creative Commons


Musicians can also explore using samples from sources that are in the public domain or licensed under Creative Commons, which allows for more permissive use of copyrighted material. Public domain works have no copyright protection, while Creative Commons licenses provide varying degrees of permission and restrictions on use.

7. Royalties and Publishing Rights


When sampling a copyrighted work, musicians may also need to consider the payment of royalties and the distribution of publishing rights. These aspects should be addressed during the sample clearance process, as they vary depending on the specific agreements made between the parties involved.

Understanding and complying with sampling music laws is crucial for musicians who wish to incorporate samples into their compositions legally. These laws help protect the rights of copyright holders while allowing for creative expression. By obtaining permission, using clearance services, or exploring alternative sources, musicians can navigate the sampling landscape and create innovative music within the boundaries of the law.

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Fair Use & Sampling Music


fist bump between two people - sampling music laws


Sampling music is a creative practice that involves taking a portion of an existing song and incorporating it into a new composition. This practice raises legal questions regarding copyright infringement and the concept of fair use. We will explore the concept of fair use and its applicability to sampling music.

What is Fair Use


Fair use is a legal doctrine that allows limited use of copyrighted material without obtaining permission from the copyright holder. It is a crucial aspect of copyright law that seeks to strike a balance between the rights of copyright owners and the rights of the public to use copyrighted material for purposes such as criticism, comment, news reporting, teaching, scholarship, or research. Fair use is determined on a case-by-case basis and involves a consideration of various factors.

Applying Fair Use to Sampling Music


The question arises: does fair use apply to sampling music? The answer is not straightforward, as the courts have provided varying interpretations and rulings on this matter. While some argue that sampling is a transformative use that can qualify as fair use, others believe that it infringes on the original artist's rights.

Transformative Use in Sampling Music


One argument in favor of considering sampling as fair use is based on the concept of transformative use. Transformative use involves using copyrighted material in a way that adds new meaning, expression, or purpose, thereby creating something new and different from the original work. Proponents of sampling as fair use argue that by taking a snippet of a song and manipulating it in unique ways, artists are creating original compositions that transform the original work into something new and distinct.

Market Impact and Commercial Nature


On the other hand, opponents of sampling as fair use argue that it can have a negative impact on the market value of the original work. They contend that by using a portion of a copyrighted song without permission, sampling artists may create a substitute for the original work, potentially diminishing its commercial appeal. The commercial nature of a sampling work can also influence the determination of fair use. If the new composition is released for commercial purposes, it may be less likely to be considered fair use.

Factors Influencing Fair Use


When determining whether sampling is fair use, courts consider several factors. These factors include the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion used, and the effect of the use upon the potential market for or value of the original work.

The concept of fair use in sampling music remains a complex and evolving area of law. Although transformative use arguments have been successful in some cases, there is no definitive answer as to whether sampling music can be considered fair use. Ultimately, it is crucial for artists and producers to seek legal advice and obtain proper permissions when using copyrighted material to avoid potential infringement.

How To Get Legal Permission To Sample A Copyrighted Song


person signing multiple documents - sampling music laws


Sampling music has become a popular method for musicians to incorporate elements from pre-existing songs into their own compositions. It is essential for artists to obtain legal permission before using any copyrighted material to avoid facing legal consequences. We will explore the process of obtaining legal permission to sample a copyrighted song.

1. Identifying the Copyright Owner


The first step in obtaining legal permission to sample a copyrighted song is to identify and locate the copyright owner. This information is typically found in the copyright notice on the original recording or through copyright registration databases. In some cases, music publishers or record labels may assist in identifying the copyright owner.

2. Seeking Clearance


Once the copyright owner has been identified, the musician must contact them to request permission to sample their copyrighted song. This can be done by sending a formal clearance request that includes details about the specific sample, its intended usage, and any proposed changes or modifications.

3. Negotiating License Terms


If the copyright owner grants permission, both parties will need to negotiate the terms of the license agreement. This agreement will outline the rights and royalties associated with the sample, including the duration and extent of usage, the territories in which it can be used, and any financial compensation or royalty payments that may be required.

4. Obtaining a Sync License


In many cases, sampling a copyrighted song involves incorporating the sampled material into a new audio recording or audio-visual work. In such instances, obtaining a synchronization (sync) license is necessary. A sync license grants permission to use the copyrighted material in synchronization with visual images, such as in films, TV shows, or commercials.

5. Clearing the Rights of All Contributors


When sampling a copyrighted song, it is important to consider not only the rights of the copyright owner but also the rights of any other contributors involved in the original composition. This may include lyricists, composers, and other musicians who hold rights to the underlying musical work. Clearing the rights of all contributors is crucial to ensure legal compliance.

6. Registering the Sampled Work


Once legal permission has been obtained and the necessary licenses have been obtained, it is advisable to register the sampled work with relevant copyright authorities. This helps establish a record of ownership and provides additional legal protection.

Obtaining legal permission to sample a copyrighted song is a crucial step for musicians. By following the steps outlined above, artists can navigate the complex landscape of sampling music laws and ensure that their creative endeavors are both respectful and legally compliant.

Potential Consequences of Illegally Sampling Music


reserved seat of a defendent - sampling music laws


Understanding the risks and repercussions of illegally sampling music is essential for artists, producers, and anyone involved in the music industry. We will explore the potential consequences, both legally and financially, that can arise from unauthorized sampling.

1. Copyright Infringement: A Grave Offense


Sampling music without obtaining proper clearance from the copyright holder constitutes copyright infringement. Copyright law grants exclusive rights to the original creators, including the right to reproduce, distribute, and publicly display their work. Engaging in unauthorized sampling violates these rights, putting individuals at risk of legal action.

2. Legal Consequences: Facing Lawsuits and Damages


When copyright infringement is proven, legal consequences can be severe. The copyright holder has the right to bring a lawsuit against the infringing party, seeking damages and injunctive relief. If found guilty, the infringer may be required to pay monetary damages, which can be substantial, depending on the circumstances. These damages often include actual damages (the economic harm caused) and sometimes statutory damages, which can range from a few hundred dollars to thousands of dollars per infringement.

3. Sampling Clearances: The Importance of Obtaining Permission


To avoid copyright infringement and its legal consequences, artists and producers must obtain proper clearances for any samples they wish to use. This process involves seeking permission from the copyright holder and, in many cases, negotiating a licensing agreement or paying a fee for the use of the sample. Failure to obtain clearances can result in legal action and financial liabilities.

4. Reputation Damage: The Artist's Brand at Risk


In addition to legal ramifications, illegally sampling music can also harm an artist's reputation. Plagiarism and copyright infringement are serious ethical concerns within the music industry. Artists who engage in unauthorized sampling may be viewed as lacking creativity, originality, and integrity. This can lead to a loss of trust and respect from both fans and industry professionals, potentially hindering their future success.

5. Lost Opportunities: Limited Future Collaborations


Illegal sampling can have long-term consequences by limiting an artist's ability to collaborate with other musicians and industry professionals. Those who respect copyright laws are often hesitant to work with individuals known for infringing upon the rights of others. By engaging in unauthorized sampling, artists risk isolating themselves from potential collaborations and missing out on valuable opportunities for growth and success.

6. Sampling as Fair Use: Understanding the Boundaries


Some individuals may argue that their use of a sample falls under fair use, allowing them to use copyrighted material without permission. Fair use is a complex legal concept with specific criteria that must be met. Courts typically consider factors such as the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion used, and the effect on the market for the original work. It is crucial for artists and producers to consult with legal professionals to determine if their use of a sample falls within the bounds of fair use.

Sampling music without proper authorization carries significant legal and financial risks. Artists and producers must understand the importance of obtaining clearances and respecting copyright laws to protect themselves from potential lawsuits, damages, and reputation damage. By navigating the complexities of sampling music laws, individuals can ensure their creative endeavors remain both legally and ethically sound, promoting a vibrant and respectful music industry for all involved.

How Sampling Laws Differ Across Different Countries


globe on a table for diversity of sampling music laws


Sampling, the act of taking a portion of one sound recording and reusing it in a different song or piece has become a fundamental element of modern music production. The legalities surrounding sampling vary across different countries and regions. Understanding the nuances of sampling laws is crucial for artists and producers to avoid copyright infringement and navigate the complex landscape of music creation. We will explore how sampling laws differ across various countries and regions.

1. United States: The Birthplace of Sampling


The United States, being the birthplace of many popular music genres, has played a significant role in shaping sampling laws. In the US, sampling is generally subject to copyright law, and unless the sample falls under fair use, permission must be obtained from the original copyright holder. Courts tend to favor the original copyright holder, resulting in substantial legal battles and high financial settlements for unauthorized sampling.

2. European Union: Harmonizing Copyright Laws


The European Union (EU) has taken steps to harmonize copyright laws across its member states. The EU Copyright Directive provides a framework that requires artists to obtain permission from copyright holders for any sampling they include in their work. Some countries within the EU, such as Germany, have more lenient laws that allow sampling without permission if it is deemed transformative or if only small fragments are used.

3. United Kingdom: The Grey Areas of Fair Dealing


In the United Kingdom, sampling laws fall under the concept of fair dealing. Fair dealing allows for limited use of copyrighted material without permission, but the guidelines are open to interpretation. Sampling in the UK often involves navigating the grey areas of fair dealing, which can be challenging for artists and producers seeking clarity on what constitutes fair use.

4. Australia: The Land Down Under's Sampling Requirements


Australia has specific provisions under the Copyright Act that address sampling. Artists and producers must obtain permission from copyright holders to use samples, regardless of the length or significance of the portion used. This strict approach to sampling ensures that copyright holders maintain control over their works.

5. Brazil: The Rhythm of Sampling Laws


Sampling in Brazil is subject to copyright law, and permission from the original copyright holder is generally required. Brazil has a unique aspect in its copyright law known as "free use." Free use allows for the use of copyrighted material without permission if it is considered culturally relevant or if it contributes to the creation of a new work. This provision provides more flexibility for artists and producers in Brazil.

6. Japan: Balancing Tradition and Innovation


Sampling laws in Japan focus on balancing the rights of copyright holders and the creative freedom of artists. While permission from copyright holders is generally required, Japanese copyright law includes provisions for "secondary use" of copyrighted material. Secondary use allows for the use of copyrighted material if it is transformed or combined with other elements to create a new work.

Sampling laws differ across countries and regions, reflecting the diverse approaches taken to balance the rights of copyright holders and the creative freedom of artists. Understanding these variations is essential for artists and producers to navigate the legal complexities of sampling in their music production process. By staying informed about the specific laws and requirements of different countries, artists can continue to create innovative and original music while respecting copyright regulations.

Notable Sampling Legal Cases


library of old law books - sampling music laws


Sampling is a common practice in the music industry, where artists use portions of pre-existing recordings in their own compositions. The legality of sampling has been a subject of debate and has led to several notable legal cases and precedents. Here are some of the most important ones:

1. The Turtles v. De La Soul (1991)


In this case, the 1960s band The Turtles sued hip-hop group De La Soul for sampling their song "You Showed Me" without permission. The court ruled in favor of The Turtles, establishing that artists must obtain clearance from copyright holders before sampling their work. This case set a precedent for requiring formal permission for sampling.

2. Bridgeport Music, Inc. v. Dimension Films (2004)


In this case, the court dealt with the issue of unauthorized sampling of a sound recording. The court ruled that even a two-second sample could amount to copyright infringement, highlighting the importance of obtaining permission for even the smallest portions of a pre-existing recording.

3. Grand Upright Music, Ltd. v. Warner Bros. Records Inc. (1991)


This case involved the unauthorized sampling of Gilbert O'Sullivan's song "Alone Again (Naturally)" by Biz Markie in his song "Alone Again." The court ruled in favor of Gilbert O'Sullivan, stating that artists cannot claim a fair use defense when using substantial portions of copyrighted material without permission. This decision emphasized the need for artists to obtain licenses for sampling in order to avoid legal repercussions.

4. VMG Salsoul, LLC v. Ciccone (2016)


In this case, the court focused on the issue of de minimis sampling, which refers to the use of such a small portion of a pre-existing recording that it is barely recognizable. The court held that de minimis sampling does not require permission from the copyright holder, as it does not constitute copyright infringement. This ruling provided clarity on the legal boundaries of sampling when it comes to small, unrecognizable snippets.

5. Campbell v. Acuff-Rose Music, Inc. (1994)


This landmark case involved the sampling of Roy Orbison's song "Oh, Pretty Woman" by the rap group 2 Live Crew in their parody version titled "Pretty Woman." The court ruled in favor of 2 Live Crew, establishing that parodies are protected under fair use, even if they involve sampling. This decision cemented the idea that transformative use of copyrighted material for the purpose of commentary or parody may be permissible.

These legal cases and precedents have played a crucial role in shaping the landscape of sampling music laws. They have clarified the need for permission, established guidelines for fair use, and provided insights into the boundaries of sampling. Understanding these cases is essential for both musicians and copyright holders to navigate the complexities of sampling in the music industry.

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Voice Clone: Free Your Music from Copyright Constraints


One of the standout features of Musicfy is its voice clone functionality. With this tool, you can create your own AI voice clone, allowing you to develop unique and original vocal tracks without the fear of copyright infringement. By harnessing the power of AI, Musicfy ensures that your songs remain free from any legal complications, granting you the freedom to explore your creative potential without restraint.

AI Music with AI Voices: Breaking the Chains of Royalties


In addition to the voice clone feature, Musicfy empowers you to create AI music using AI voices. This means that your compositions can be entirely original and devoid of any copyrighted elements, eliminating the need for costly royalties. With Musicfy, you can unleash your creativity and produce music that is truly your own, without worrying about legal implications or financial burdens.

Text-to-Music: Revolutionizing the Songwriting Process


Perhaps the most groundbreaking feature of Musicfy is its text-to-music capability. This cutting-edge tool allows you to describe the style of music and instrumentals you desire, and then employs AI to create an entire song in a matter of seconds. From the vocals to the beat and everything in between, Musicfy's text-to-music feature has the potential to revolutionize the songwriting process, enabling artists to bring their musical visions to life with unprecedented ease and efficiency.

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Musicfy's flagship feature, voice to instrument, is a game-changer. With this tool, you can use your own voice to create the sound of various instruments, from guitars to pianos and beyond. By analyzing the unique qualities of your voice, Musicfy generates the perfect instrumental sound to match, providing a level of customization and personalization that was previously unimaginable. With voice to instrument, the sonic possibilities are limitless, allowing artists to craft their own distinct musical signature.

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Intrigued by the immense potential of Musicfy? Now is the time to experience it for yourself. By offering its powerful features for free, Musicfy invites you to explore the vast horizons of AI music generation. Whether you're an aspiring artist looking to break free from the constraints of copyright or a seasoned musician seeking innovative tools to fuel your creativity, Musicfy is your gateway to a new era of music creation.

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Arib Khan

Author

Arib Khan, Founder of Musicfy

Arib Khan has been featured on Business Insider, VICE, and more. His passion and drive to help musicians is unbounded. He is on a mission to help anyone, from all walks of life, to create music with ease using AI.

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Creating the future of music