[Rumori] beasties win sampling suit

[kembrew mcleod]

Quoting Samuel Carey <discosammy at yahoo.com>:

> basically, the label gets paid but the artist doesn't?
>  
> seems par for the course.

yes.

> 
> kembrew mcleod <kembrew-mcleod at uiowa.edu> wrote:
> Unfortunately, it doesn't really contradict the NWA case, or at least not 
> entirely. The thing that makes this case different is that the Beastie Boys,
> as 
> I understand it, secured a mechanical license for the sound recording from
> the 
> record company that released James Newton's record, but they didn't get a 
> publishing license from Newton, the songwriter. The Beasties claimed that the
> 
> part they took was so insubstantial that it didn't infringe on the heart of 
> Newton's composition, and Newton and his lawyer, Alan Korn, disagreed, but 
> lost.
> 
> However, the Beasties most likely would have been nailed if they hadn't
> gotten 
> that mechanical license for the sound recording, for sampling the actual 
> record. I haven't looked into this case as much as I'd like to, so I'm sure 
> someone else might have a better, more nuanced explanation. Still, it does
> seem 
> to open a little space for appropriation, though not much.
> 
> Best,
> 
> Kembrew
> 
> Quoting stAllio! the original wanksta :
> 
> > this decision would appear to be the exact opposite of the nwa case
> > from a few months ago, but i haven't yet found an article with a
> > detailed enough analysis to be sure...
> > 
> > http://www.smh.com.au/news/World/You-gotta-fight-for-your-right-to-sample/
> 2004/11/10/1100021883656.html
> > 
> > A US appeals court has handed a victory to pioneering punk-rap group
> > the Beastie Boys in a dispute over the growing musical practice of
> > sampling, in which recording artists incorporate snippets of other
> > songs into their own work.
> > 
> > The 9th US Circuit Court of Appeals declined today to reconsider its
> > decision last year allowing the group to use a six-second segment of
> > music from jazz flautist James Newton's 1978 composition Choir.
> > 
> > A three-judge panel of the court held in 2003 that the band had abided
> > by copyright protections by paying a licence fee for a sample of
> > Newton's recording and therefore did not have to pay an additional fee
> > to license the underlying composition.
> > 
> > That finding upheld a lower-court dismissal of the case in favour of
> > the Beastie Boys, and the 9th Circuit today refused to reconsider its
> > ruling before a larger 11-judge panel.
> > 
> > "We hold that Beastie Boys' use of a brief segment of that composition,
> > consisting of three notes separated by a half-step over a background C
> > note, is not sufficient to sustain a claim for infringement of Newton's
> > copyright," Chief Judge Mary Schroeder wrote in her opinion.
> > 
> > The Beastie Boys used the sample in their song Pass the Mic on their
> > 1992 album Check Your Head.
> > 
> > Representatives for Newton and the Beastie Boys were not immediately
> > available for comment.
> > 
> > The Beastie Boys helped spark the modern sampling trend in popular
> > music with the 1989 album Paul's Boutique, which incorporated bits of
> > music from sources as diverse as Johnny Cash, Bob Marley and the
> > Beatles to create new music. Sampling has since become a staple of many
> > artists, especially in the rap and hip-hop genres.
> > 
> > The Beastie Boys have also emerged as leading advocates of a new
> > approach to licensing known as the Creative Commons, in which artists
> > record songs that listeners are invited to "rip, sample, mash and
> > share" over file-sharing online networks like Kazaa or borrow to create
> > their own compositions.
> > 
> > =====
> > "how can we get the rapture if you don't vote for the antichrist?"
> > http://www.animalswithinanimals.com
> > http://badtastesucks.com
> > 
> > 
> > 
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> 
> 
> -- 
> *******************
> kembrew mcleod
> assistant professor
> department of communication studies
> university of iowa
> 
> contact info:
> 1037 e. washington st.
> iowa city, ia 52240
> kembrew-mcleod at uiowa.edu
> 319-341-3583
> 
> Suffering Celebrity Quote of the Month: "I'm not capable of saying to someone
> 
> words like 'I love you,' because I don't know what they mean anymore."
> --Ethan 
> Hawke
> 
> 
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-- 
*******************
kembrew mcleod
assistant professor
department of communication studies
university of iowa

contact info:
1037 e. washington st.
iowa city, ia 52240
kembrew-mcleod at uiowa.edu
319-341-3583

Suffering Celebrity Quote of the Month: "I'm not capable of saying to someone 
words like 'I love you,' because I don't know what they mean anymore." --Ethan 
Hawke