In an article titled "Jay-Z Versus the Sample Troll", analogies are drawn between music sampling for rap music and the following:
novelists: freedom to use facts, borrow stock characters and standard plots
filmmakers: freedom to copy "standard shots".
I do not think that this analogy is satisfactory. While plots and characters are basic building blocks of novels and camera angles are basic building blocks of film, music samples are not universal building blocks of music or even specific genres, such as rap. A better analogy would be that certain tones, rhythms, chords, or music keys are basic building blocks of rap.
Novelists cannot freely borrow paragraphs from other novelists and filmmakers cannot freely borrow clips from other films.
Friday, February 27, 2009
What about fair use?
In Bridgeport Music, Inc. et. al. vs. Dimension Films et. al., the Court found that the use of 3 notes, lasting 2 seconds, from a sound recording called “Get Off Your Ass and Jam” (“Get Off” in the opinion) in the track called “100 Miles and Runnin” was not fair use.
What is fair use?
Fair use is a provision of US Copyright law that makes certain exceptions for the use of copyrighted material. One consideration for this exception is
(See full fair use considerations)
According to the court, the copied notes were not discernible by listening to the two tracks and comparing them, so it would seem that this would fall under fair use.
Why is sampling not fair use?
In Bridgeport Music, Inc. et. al. vs. Dimension Films et. al., the court said that it was not fair use because the defendant did not dispute that it sampled a sound recording. The court stated that
What is fair use?
Fair use is a provision of US Copyright law that makes certain exceptions for the use of copyrighted material. One consideration for this exception is
"the amount and substantiality of the portion used in relation to the copyrighted work as a whole;"
(See full fair use considerations)
According to the court, the copied notes were not discernible by listening to the two tracks and comparing them, so it would seem that this would fall under fair use.
Why is sampling not fair use?
In Bridgeport Music, Inc. et. al. vs. Dimension Films et. al., the court said that it was not fair use because the defendant did not dispute that it sampled a sound recording. The court stated that
"The analysis that is appropriate for determining infringement of a musical composition copyright, is not the analysis that is to be applied to determine infringement of a sound recording."
Music Sampling - Part 2: Motives
Why would authors sample other work?
One answer is that it is an art form, typically found in rap, in which a work uses samples for new and creative purposes.
A more practical answer is that it eliminates the need to produce background and accompaniment music for vocals. This is especially true in rap, since the vocals are often the main focus of the work in this genre. This lowers entry costs and overall production costs, and means that music can be created more quickly.
One answer is that it is an art form, typically found in rap, in which a work uses samples for new and creative purposes.
A more practical answer is that it eliminates the need to produce background and accompaniment music for vocals. This is especially true in rap, since the vocals are often the main focus of the work in this genre. This lowers entry costs and overall production costs, and means that music can be created more quickly.
Wednesday, February 25, 2009
Music sampling - Part 1: Definition
The Wiktionary definition of music sampling is:
The important thing to note about sampling is that it is different than copying (in the non-physical sense) a riff or tune from another work. If one can recreate the musical work of another without using the physical work, it is not considered sampling. Sampling, by definition, is not accidental.
Sampling is usually carried out through the use of a sampler, which can be a hardware device or software program.
Here's an example of a Yamaha sampler: http://www.savedbytechnology.com/main/yamahaA4000.htm
a technique for electronically splicing pieces of previously recorded sound as part of a composition
The important thing to note about sampling is that it is different than copying (in the non-physical sense) a riff or tune from another work. If one can recreate the musical work of another without using the physical work, it is not considered sampling. Sampling, by definition, is not accidental.
Sampling is usually carried out through the use of a sampler, which can be a hardware device or software program.
Here's an example of a Yamaha sampler: http://www.savedbytechnology.com/main/yamahaA4000.htm
Bridgeport vs. Dimension Films: Everybody loves a tag cloud
Note: If you cannot see tag cloud correctly, view on blogger instead of through a feed.
2d 3d 6th act album amount argue award bad bridgeport case cir claims compensatory copied copyright court damages date defendants district evidence fact inc included infringement interest issue judgment jury law limit motion music order party plaintiffs profits punitive reasonable recording release sampling settlement song sound state trial westbound work
created at TagCrowd.com
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