Yesterday I was thinking again about this case... I think the use of
sampling and even banning an "unauthorized" sample is something now
seriously affecting moral rights on both sides. This is something new.
I mean: in law school (sorry again for mentioning my crappy studies ;)))))
they teach you that moral rights mean those (non-economic) rights connected
to the work and its creator: the right to have that work credited to you,
even if you're just giving it away for free, to publish it under a
pseudonym or anonymously etc.
Also, the right not to have your work modified without your permission
(which could be given for free, not necessarily by paying...).
This right in the last decades meant for example that the surviving Beatles
plus Yoko Ono, and Michael Jackson (as owner of Northern Songs i.e. of the
publishing catalogue of most classic Beatles tracks) could stop a vinyl 12"
in Italy as it had a medley of Beatles covers stuck together with an
electronic/dance arrangement with tons of illegal samples from other
sources. In name of the same right Oasis blocked a reggae cover of one of
their songs (but they had no problem with crooner Mike Flowers Pops singing
"Wonderwall" lounge style ;)))
Now, we have reached the point in which on both sides there is a moral
right that needs to be respected: I might agree on AC/DC's point of not
having their work used in a way they don't like--- but, that Beastie Boys
track would have no sense without the AC/DC riff... so they would have the
right to use that sound.
Think about Run DMC's "Walk this way" without Aerosmith or -in another
style- M/A/R/R/S' "Pump up the volume" without the infamous Eric B &
Rakim's line...
bye,
Nicola (Dj Batman) Battista
"Every artist is a cannibal, every poet is a thief"
(Bono)
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