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REPLAY Syracuse University Symposium on Sound Sampling

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A Brief Return to the Digital Sampling Debate  

20 Hastings Comm. Ent. L.J. 833 (1998).

Allowing the use of digital samples is important to the public good, because they represent an emergent musical art form. “The use of digital samples to produce novel and transformative compositions exposes elements of contemporary society, and thereby expands our understanding of both musical composition and construction, and society as a whole.”

While a more permissive approach would limit copyright owners property interests in their sound recordings, this would likely not result in any reduction in the creating and recording of original musical works. Courts need to expand the scope of the fair use doctrine to recognize the social value of this new art form.

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