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REPLAY Syracuse University Symposium on Sound Sampling

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Don’t Stop That Funky Beat: The Essentiality of Digital Sampling to Rap Music  

13 Hastings Comm. Ent. L.J. 767 (1991).

A licensing scheme based on good faith and fair dealing would offer much needed guideposts to the sampling problem so profound in the rap industry today. Samplers would be provided will free artistic reign, while samplees would be provided with fair financial rewards. Assuming an industry-wide adherence to these standards, rap artists would be able to “express the artistic creativity while reflecting musically upon their rich culture,” and avoid the costly drawbacks to litigation with no clear law.

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