[rumori] newston vs. beasties, my 2 cents

From: Nicola Battista (djbatmanATtin.it)
Date: Tue Jul 02 2002 - 01:18:40 PDT

hello folks... been lurking for a while after being off-list for ages,
mostly for lack of time and other personal disasters ;)

this thing about Neasties and Newton sounds really weird. I don't see why
discuss about who is sampling who and/or how long is the sample and how
important it is in the new piece of music created using the found-sound or
stolen or sampled sound or whatever you want to call it.

I think the point is simply that publishing rights (which may be 100% in
the hands of mr.Newton or administered by some publisher) and master
recording rights are two separate things.
If one takes a look at probably the first album for which an extensive
sample clearance work was done (and I mean in "modern" way, since people
like Grandmaster Flash already ended up paying and crediting people for
"stealing" their sounds) which is "De La Soul Is Dead" by De La Soul, one
can see that for most tracks probably there have been two different
requests, one for the master recording and one for publishing rights. In
fact, on one side you see something like "licensed from Polygram Special
Products" (division of a record label) and on the other either you see the
full credits of the original track (with its original publishers) and/or
the new track is credited to both the new writers (and their publishers)
and the original authors of the sampled piece (plus their publishers).

There are lots of other examples in this area, I think.
A good lawyer should be able to point out this stuff to that judge, to
demonstrate that he simply missed the point with his decision...

Nicola DjB

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