[Rumori] holy disappointing rulings batman

[Samuel Carey]

http://www.mtv.com/news/articles/1490830/20040908/index.jhtml?headlines=true
 
The case at the crux of this new ruling focuses on the 1990 NWA song "100 Miles and Runnin'." The track samples a three-note guitar riff from a 1975 Funkadelic track, "Get Off Your Ass and Jam." The sample, in which the pitch has been lowered, is only two seconds long but is looped to extend to 16 beats, and appears five times throughout the track.

The NWA song was included in the 1998 film "I Got the Hook Up," which starred Master P and was produced by his No Limit Films. The film company has argued that the sample was not protected by copyright law.

In 2002, a lower court said that though the Clinton riff was in fact entitled to copyright protection, the specific sample "did not rise to the level of legally cognizable appropriation," according to the AP. The appeals court opposed that decision, explaining that an artist who acknowledges that they made use of another artist's work may be liable, and sent the case back to the lower court.

"Get a license or do not sample," the court said Tuesday. "We do not see this as stifling creativity in any significant way." 



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