Recent
Blog Entries:
- Time
Magainze Article on Sampling (1991)
- Newsweek
on Mash-Ups and the Law (2007)
- Oyez:
Campbell v. Acuff-Rose Music (Audio)
The
Samplist & Turntablist Copyright FAQ :
For those of you who want to know what laws you're breaking or how to
safeguard your work, this FAQ should hopefully answer
a lot of your questions.
Cases
& References For Lawyers & Other Geeks :
Read and enjoy legal decisions from the notable sampling cases and
law review articles without having to do all the research. You're welcome.
[Cites
and Articles]
History
of Sampling :
Man has been "using" and "borrowing" culture since first struck with creative
inspiration. From baroque classical composers' variations on themes to
The Beatles' Revolution Number 9, from Andy Warhol to William Burroughs,
from the Cubists and Dadaists to 2 Live Crew, artists have incorporated
pieces of their environment into the art inspired therefrom. Whether it
takes the form of criticism, commentary, parody, or merely transforms
the original into something completely new, recycling culture
is crucial to the artistic ecosystem. Read : The
History of Sampling.
The Philospophies of Appropriation :
A starving man steals a loaf of bread. A collagist cuts an image from
a magazine. A samplist pinches a snare. The truth is, artistic appropriation
is fundamental to the task of creation. Man
has been "using" and "borrowing" culture since first struck with creative
inspiration. From baroque classical composers' variations on themes to
The Beatles' Revolution Number 9, from Andy Warhol to William Burroughs,
from the Cubists and Dadaists to 2 Live Crew, artists have incorporated
pieces of their environment into the art inspired therefrom. Whether it
takes the form of criticism, commentary, parody, or merely transforms
the original into something completely new, recycling culture
is crucial to the artistic ecosystem. Read : Artistic
Appropriation is Fundamental to the Task of Creation, Media
- The New "Natural" Environment and Samplists'
Philosophies.
Fair
Use :
There is one rogue exception to the daunting U.S. Copyright Law: Fair
Use. What exactly is Fair Use? Well, Fair Use is what allows Saturday
Night Live to use copyrightable elements in their sketches. Fair Use is
what allowed 2 Live Crew to sample Roy Orbison and get away with it. If
there is any hope for us samplists, it is in the Fair
Use defense.
Licensing :
Stressed out that you might get sued? Don't want to or can't claim Fair
Use? Your rich Uncle just died? Try licensing
that sample. Or
read
horror stories about sample licensing endured by those who played
by the rules.
Links
:
Related sites
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