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REPLAY Syracuse University Symposium on Sound Sampling

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Bridgeport Redux: Digital Sampling and Audience Recoding  

Morrison, David, 19 Fordham Intell. Prop & Media & Ent. L.J. 75 (2008).

Bridgeport highlights the issue of third party costs and benefits in the freedom to recode copyrighted works. Extending Bridgeport will likely result in damage to freedom of expression and public interest in stability of cultural symbols. The author believes that future courts should reject Bridgeport, opting instead to follow de minimis use and traditional substantial similarity doctrines. “Doing so will better maintain third party benefits of increased freedom to recode copyrighted sound recordings inherent in the collage sampling paradigm, while at the same time limiting the more costly consequences of the derivative works sampling paradigm.” As is, the ruling actually encourages artists to use derivative samples, which will increase the cost to third parties of increased recoding forums.

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