How does the law treat musical sampling? Is there such a thing as de minimis sampling? And what is the cost? Prepare yourself for an enlightening journey through the tangled labyrinth of intellectual property law as we sit down with the esteemed Joseph Fishman, the Professor of Vanderbilt University Law School, a maestro in the realm of intellectual property. In this interview, Fishman brings clarity to the complex matter of music sampling.
Sampling, in essence, is incorporating copyrighted material into fresh compositions. However, for the sampler, it is akin to walking a tightrope over the chasm of copyright infringement. On this precarious journey, the U.S. federal courts are singing in different keys.
Prof. Fishman takes us to Nashville, home to the Grand Ole Opry and the U.S. Court of Appeals for the Sixth Circuit. Here, according to the Sixth, music law is as unforgiving as a guitar string stretched too tight. Even a mere two seconds of borrowed music may constitute copyright infringement. There's no 'de minimis' or minimal use test here; a borrowed beat could land you in a costly legal bind (just ask N.W.A).
In contrast, venture over to sunny Los Angeles, where the Ninth Circuit's rule sets a more lenient tempo. According to the Ninth, infringement law is a bit more generous as they are willing to turn a deaf ear to cases where the borrowed piece is a mere speck in the grand canvas of the new work.
But, in the ever-throbbing rhythm of legal symphony, our intellectual property virtuoso, Professor Fishman, provides examples and defenses and addresses the (multi) million dollar question - the price tag of sampling. While there's no standard rate card, the cost of borrowing can skyrocket depending on the star power of the original work and the extent to which the sampled piece shapes the new composition. Prof. Fishman explores famous examples such as Jay-Z’s 'Hard Knock Life' and Puff Daddy’s tribute to Notorious B.I.G., 'I’ll Be Missing You'.
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0:01 What is sampling?
0:52 Sampling v. In-studio Recreation
1:58 Legal Rights with Sampling
2:16 The Circuit Split on De Minimis Sampling
2:51 Fair Use Defense to Copyright Infringement
3:43 Cost and Legal Liability of Sampling
Негізгі бет Music Sampling Legal Rights
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