September 8, 2004

New Court Ruling on Sampling

This seems like something that should get turned over in a higher court? I probably have too much faith in the system.

Note that the copyright owners are taking this action against the will of of the artist who made the music.. it's like ten thousand spoons.

Ruling On Sampling Could Have An Effect On Hip-Hop
A federal appeals court in Cincinnati, Ohio ruled yesterday (Sept. 7) that artists should pay for every sample included in their work, a ruling that could have an effect on Hip-Hop music, which often utilizes pieces of other copyrighted works. A three-judge panel of the 6th Circuit Court of Appeals said that federal laws passed to curb piracy of digital recordings applies to digital sampling.

�If you cannot pirate the whole sound recording, can you �lift� or �sample� something less than the whole? Our answer to that question is in the negative,� the court said in a statement. It has been legal to use short musical snippets as long as the work sampled was not identifiable.

�Get a license or do not sample,� the court continued. �We do not see this as stifling creativity in any significant way.�

The case is one of 800 lawsuits filed by Bridgeport Music and Westbound Records in 2001. Bridgeport and Westbound own the rights to many recordings, including those of George Clinton and the influential groups Funkadelic and Parliament. A two second sample of a Funkadelic record in NWA's "100 Miles and Runnin" is at the heart of the ruling made by the judges Tuesday.

Clinton himself was not opposed to sampling. He produced two albums, Sample Some of Dis and Sample Some of Dat, which allowed artists to use Clinton�s music without legal scrutiny.

Well, first of all, I suspect that the industry again is trying to do to rap what they tried to do to funk, and that's kill it because it's got to much information, and spreading of information,� Clinton told the Houston Press in 1992. �So what we've done to keep them from all this stupidity, like trying to sue, or saying that I'm suing people, is to put out a record called "Sample Some of Disc and Sample Some of Dat" - just samples from alot of the old songs, because I have some of the demos of those songs, which is not what the record company owns, so I can license those to be sampled. We have a pay schedule that's really easy to deal with - if they sell records, they pay, if they don't they can try again. We got to make sure that rap survives, because it's our only means of communication that gets past the gatekeepers.�

Posted by jsmooth995 at September 8, 2004 12:43 PM | TrackBack

Comments

I wonder what would happen if these rappers who feel they'll be negatively affected went out and hired musicians to duplicate certain breaks, sounds, or portions of songs to be used for their own songs. Is that also a copywrite infringement as described by this court? I think there are ways around this, and this might actually be good for Hiphop (and the end of Kanye...) if the reins on sampling are tightened. There are too many producers with talent out there for this to stifle them. This should hopefully spur them on to keep on pushing the musical boundaries of Hiphop. i.e. Jay Dee, Pharrell and Dre.

Posted by: BCTW at September 8, 2004 1:50 PM

I think the most creative hip hop production chops up the samples to the point where you just have a sound which only reflects the sonic quality of the original recording, not the arrangement or composition itself. This shouldn't be illegal. Saying copywrite owners have the right to protect the individual sonic elements of a composition, not just the composition itself, is like saying Fender should be able to copyright the very sound of its guitars and collect from rock bands whenever they play a chord (The same logic doesn't really apply to phrase long samples, though) This ruling is like taking instruments away from musicians.

Another result of this ruling is that it makes copyrights stronger, which can only benefit the current big business structure of the industry. And it only protects copywrite owners who are capable of employing "listeners" and funding lawsuits. Seeing as how the current structure of the music industry has been crumbling for years, this ruling seems very short sighted to me.

Questions-- 1) If your music includes samples but you make practically nothing off of it, would you have to pay as much as someone who used the same sample and made a large profit? 2) How will they enforce this if the sample is unrecognizable? And where is the logic of protecting the rights to a sound that has been chopped and edited to sound nothing like the original, but not to a demo (as clinton mentioned) that sounds just like it?

Posted by: joe at September 8, 2004 2:14 PM

y cant there b more artists and industry ppl that have views on sampling as clear and just as george clinton!?!?!?!

Posted by: budgie at September 9, 2004 11:59 AM

The Court appears to quash any notion of "fair use" with this ruling. SCOTUS will have to take this up. I simply can't believe that the rights of users of copyrighted material would be swept aside, simply because the Court doesn't believe creativity would be stiffled. Creativity enrichment is the point of the Copyright Act but isn't the basis for "fair use" in particular and certainly isn't a test for fair use.

Posted by: Fred at September 9, 2004 7:24 PM

I think it's a waste of time to ask producers to pay for samples that are now unrecognizable from it's point of orgin. What purpose does it serve to try and subdue the creative process in this way? I'm a producer who can turn a guitar lick into a flute, (with the right touch), how is that wrong when I have proceeded in making a totally new sound from another one? How is that piracy? Me and wife have created children, but they are not property. They are there own person, with there own views and outlooks. My point is, I sample a piece of your song, put my own creativity into it and turn it into a whole other piece of work, to stand on it's own. This new law is foolish. I think it's a last ditch effort by big record coporations to stifle the litte basement labels, (who use the latest in ProTools), from taking over the music industry.

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