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“The Don’t Make Music The Way They Used To”: The Legal Implications of “Sampling” in Contemporary Music  

Brown, Jeffrey H., 1992 Wis. L. Rev. 1941 (1992)

Despite the arrival of the long awaited “first decision” on sampling in Grand Upright, the myriad copyright and related issues raised by sampling remain unaddressed. Because the facts underlying the Grand Upright view more >>

“You Can’t Sing Without the Bling”: The Toll of Excessive Sample License Fees on Creativity in Hip-Hop Music and the Need for a Compulsory Sound Recording Sample License System  

Norek, Josh, 11 UCLA Ent. L. Rev. 83 (2004)

The current system for clearing samples is time-consuming, as there are presently two licenses that must be obtained: the sound recording and the musical composition. Normally, when an artist covers a song, he obtains a compulsory license, view more >>

15 Megabytes of Fame: A Fair Use Defense for Mash-Ups As DJ Culture Reaches Its Postmodern Limit  

Power, Aaron, 35 Sw. U. L. Rev. 577 (2007).

The author aims to differentiate mash-ups from its two most direct precedents, digital sampling and appropriation art, and then analyzes the strength of the fair use defense as it applies to mash-ups. Music can be art first and commerce second. view more >>

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 view more >>

Audio Pastiche: Digital Sampling, Intermediate Copying, Fair Use  

Szymanski, Robert M., 3 UCLA Ent. L. Rev. 271 (1996)

The traditional notions of copyright law provide substantial protection against the misappropriation of recognizable samples. While the fair use defense has some appeal, it is unlikely that it will be upheld by courts outside the view more >>

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 view more >>

Concatenative Sound Synthesis and Intellectual Property: An Analysis of the Legal Issues Surrounding the Synthesis of Novel Sounds from Copyright-Protected Work  

Sturm, Bob L., Journal of New Music Research, Vol. 35, No. 1, pp. 23-33 (2006)

One of the most interesting aspects of concatenative sound synthesis (CSS) is its ability to transform recorded sound into novel expressive forms that might not resemble the original sources. This method of view more >>

Confusion in the Digital Age: Why the De Minimis Use Test Should Be Applied to Digital Samples of Copyrighted Sound Recordings  

Suppappola, Mike, 14 Tex. Intell. Prop. L.J. 93 (2006)

There is no easy solution to the digital sampling problem. If the Newton and Bridgeport II decisions have proven anything, it is that traditional copyright doctrine is ill equipped to deal with new technologies that view more >>

Digital Audio Sampling, Copyright Law and the American Music Industry: Piracy or Just a Bad “Rap”  

Houle, Jeffrey R., 37 Loy. L. Rev. 879 (1992)

In reality, the activity of digital sampling only becomes an issue when the portion sampled is qualitatively rich and allows the sampler to imbue his song with the qualities and identity of the copyright protected work. This is tantamount to view more >>

Digital Music Sampling and Copyright Law: Can the Interests of Copyright Owners and Sampling Artists Be Reconciled?  

De la Torre, Carlos Ruiz, 7 Vand. J. Ent. L. & Prac. 401 (2004)

Copyright law governing digital music sampling is faced with two competing interests: first, the owners of recording and composition copyrights need to be reasonably compensated when their creative works are re-used by view more >>

Digital Music Sampling and Copyright Policy – A Bittersweet Symphony? Assessing the Continued Legality of Music Sampling in the United Kingdom, The Netherlands, and the United States  

Hahn, Melissa, 34 Ga. Int’l & Comp. L. 713 (2006)

When the Bridgeport decision first came out in September 2004, members of the press from around the world reported that the decision would spell the end of the use of unauthorized sampling. More recently, in June of 2005, view more >>

Digital Sampling and the Legal Implications of its Use After Bridgeport  

Webber, Amanda, 22 St. John’s J. Legal Comment. 373 (2007)

Copyright protection, as stated in the Constitution, was created to promote artistic creativity and innovation that will be beneficial to the public. Any private benefit that creators of musical works receive is incidental view more >>

Does a Song By Any Other Name Still Sound As Sweet?: Digital Sampling and its Copyright Implications  

Kravis, Randy S., 43 Am. U. L. Rev. 231 (1993)

In modern music culture, digital sampling has emerged as a popular technique for exploring and reexamining older music. Because the sampling phenomenon is more far-reaching in its technological capabilities than any previous musical view more >>

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 view more >>

Faulty Math: The Economics of Legalizing the Grey Album  

Bambauer, Derek, 59 Ala. L. Rev. 345 (2008).

This article explains why, economically, copyright owners should not control production of derivative works based on their creations. Giving the owners exclusive rights over their works obstructs creativity, financially blocking many artists view more >>

From J.C. Bach to Hip Hop: Musical Borrowing, Copyright and Cultural Context  

Arewa, Olufunmilayo B.

Musical borrowing is a pervasive aspect of musical creation in all genres and periods. Copyright doctrine does not adequately reflect the reality of such borrowing. Instead, copyright doctrine incorporates notions of Romantic authorship that assume independent view more >>

How Copyright Law Changes Hip Hop – An interview with Public Enemy’s Chuck D and Hank Shocklee  

McLeod, Kembrew, Stay Free Magazine.

Public Enemy’s music production team, The Bomb Squad, talks about the creation of their 1988 album It Takes a Nation of Millions to Hold Us Back, in which the rap group used hundreds of sampled song and sound fragments, inventing a view more >>
Full Article on StayFreeMagazine.org

Into The Grey: The Unclear Laws of Digital Sampling  

Bergman, Bryan, 27 Hastings Comm. & Ent. L.J. 619 (2005).

Rapper Jay-Z released an a cappella version of his record ‘The Black Album,’ hoping DJ’s would mix his music with different beats, and in turn raise the popularity of the original work. One DJ did just that, view more >>

Music Composition, Sound Recordings and Digital Sampling in the 21st Century: A Legislative and Legal Framework to Balance Competing Interests  

Beck, Jeremy, 13 UCLA Ent. L. Rev. 1 (2005)

Much has been written about sampling, in both journals and the popular press. An unfortunately large selection of this writing demonstrates little, if any, perspective or knowledge of the larger history and methodology of musical composition view more >>

Music Copyrights: The Need for an Appropriate Fair Use Analysis in Digital Sampling Infringement Suits  

21 Fla. St. U. L. Rev. 135 (1993).

The music industry has finally began to see developments in the digital sampling controversy, however these adjustments are a result of the industry adapting, rather than changes instigated by law. Sampling clearinghouses have eased some worry of artists whose view more >>

Rap Music and De Minimis Copying: Applying the Ringgold and Sandoval Approach to the Digital Samples  

18 Cardozo Arts & Ent. L.J. 227 (2000)

Applying the Ringgold and Sandoval approach to music sampling provides a solid outline for evaluating digital sampling suits and gives artists, specifically rap artists, with guidance on how much sampling is too much in the eyes of the court. The author view more >>

Recognizing the Grey: Toward a New View of the Law Governing Digital Music Sampling Informed by the First Amendment  

Durbin, William Y., 15 Wm. & Mary Bill Rts. J. 1021

Copyrights are not “ultimately intended to reward the creator, but to encourage public benefits…[The] reward is seen as the most effective means to secure this public benefit.” The aim of copyright is not to limit view more >>

Sampling Is (a) Creative or (b) Theft?  

Strauss, Neil, New York Times 1997 Sept. 14.

Author disapproves of the current trend of pop artists who lazily sample popular songs of past decades and make money off of the other artist’s previous success. MC Hammer’s and Vanilla Ice’s careers were greatly affected by view more >>

The Emperor Has No Clothes: How Digital Sampling Infringement Cases Are Exposing Weaknesses in Traditional Copyright Law and the Need for Statutory Reform  

Ponte, Lucille M., 43 Am. Bus. L.J. 515 (2006)

Digital sampling is a widespread musical practice that postdates existing copyright law. The recent Newton and Bridgeport Music decisions exemplify how courts have struggled to apply traditional copyright principles to this view more >>

Theft, Transformation, and the Need of the Immaterial: A Proposal for a Fair Use Digital Sampling Regime  

Ashtar, Reuven, 19 Alb. L.J. Sci. & Tech. 261 (2009)

Digital sampling, the process of manipulating pre-existing sound recordings and incorporating them in one’s music, is being smothered by opportunistic rights holders who are seldom the authors of the protected works. A view more >>

Unilateral Refusals to License  

Hovenkamp, Herbert, 2 J. Competition L. & Econ. 1 (2006)

Most antitrust claims relating to intellectual property involve challenges to agreements, licensing practices, or affirmative conduct involving the use or disposition of the intellectual property rights or the products they cover. view more >>

When is a CD Factory Not Like a Dance Hall? The Difficulty of Establishing Third-Party Liability for Infringing Digital Music Samples  

18 Cardozo Arts & Ent. L.J. 257 (2000)

The Recording Industry Association of American (“RIAA”) announced in 1998 that they would hold CD manufacturers directly , vicariously or contributorily liable if they did not confirm that all of their music was “cleared” or view more >>

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