AEOP: What’s the situation with One Nation album right now? In a recent interview Duck Down's Buckshot said that it probably never get released. And if so, why is that?
We don’t have the master reels for this album. If Duck Down has the master reels (1/4 analogue tape)- I wish they would tell him but, according to Drew from Duck Down a few years ago - they do not.
AEOP: Let’s talk a little about song rights. If somebody comes up with never before heard Tupac song has he must give it to Amaru? If in example Death Row has some songs that nobody knows and suddenly they decide to release those, are they able to do this or do they belong to Amaru automatically?
When an artist signs an Exclusive Recording Agreement with a record company the agreement specifically states that “any recordings made by them during the term of the recording agreement are owned and controlled by the record company.” Tupac signed an exclusive recording agreement with Interscope on August 15, 1991 and then to Death Row on September 15, 1995 BUT all rights to the Sept 15, 1995 Death Row Agreement were granted to Afeni Shakur by a Federal Court.
Accordingly, pursuant to the contracts, any songs recorded by Tupac from August 15, 1991 until September 14, 1995 belong to Interscope regardless of where he recorded them and all songs recorded by Tupac from September 15, 1995 up until his death regardless of where he recorded them belong Afeni Shakur.
AEOP: It has been said that the reason for not to release Tupac songs in original form is that they are outdated, but don't you think that the truth reason is money that would be needed for sample clearences and also that original producers and artists should be paid. It's a lot of cheaper to reproduce them and replace old artists.
Largely its’s because we can't clear the samples. Under the US Copyright Act, you need written permission because using samples in any song because the new song is deemed a ‘derivative work’ and we can get sued! For example, try getting any sample cleared by Prince. It’s not going to happen. Therefore, we strip the sample off (which is usually the whole musical bed) and chose new producers to make new music.
AEOP: Why so many times the artists who originally appeared on Tupac records are left out and replaced?
Some of them are very difficult to deal with and make unreasonable demands which only hurts them, not us. However, Afeni Shakur always allocates them a percentage of the copyright of the new song even though by law she does not have to do this. She does this out of respect and loyalty because they worked with and were friends with her son.