[Rumori] New sampling ruling?

das das at ubuibi.org
Thu Sep 16 19:21:03 PDT 2004


Pay up or don't play it   that's what the federal appeals court ruled..

hmmm isn't that what happened, when i went to the store and bought the cd ??
what the hell else do you think made me buy all those Heino records






matt davignon wrote:

> Is this new news? I just saw it referenced in another email on the
> microsound list.
>
> http://news.bostonherald.com/national/view.bg?articleid=43259
> Home  >  News & Opinion  >  National News
>
> Court: Pay to use song 'samples'
> By Jennifer Rosinski
> Wednesday, September 8, 2004
>
> Pay up or don't play it, that's what the federal appeals court ruled
> yesterday in ordering performers to compensate artists whose work they've
> sampled.
>      The ruling handed down in Cincinnati, Ohio, goes further than previous
> lower court rulings that ordered performers to pay when they sample another
> artists' work.
>      This decision by a three-judge panel of the 6th Circuit Court of
> Appeals ruled that it is illegal even to rip off musical snippets that no
> one would recognize. The court said federal laws aimed at stopping piracy of
> recordings applies to digital sampling.
>      ``If you cannot pirate the whole sound recording, can you `lift' or
> `sample' something less than the whole? Our answer to that question is in
> the negative,'' the court said. ``Get a license or do not sample. We do not
> see this as stifling creativity in any significant way.''
>      Some said the decision to outlaw sampling just one note or chord may be
> too restrictive for rap and hip-hop artists who often rhyme over music taken
> from older recordings.
>      ``It seems a little extreme to me,'' James Van Hook, dean of Belmont
> University's Mike Curb College of Entertainment and Music Business, told the
> Associated Press. ``When something is identifiable, that is the key.''
>      The case, one of at least 800 lawsuits filed in Nashville over lifting
> music snippets, centers on the NWA song ``100 Miles and Runnin' '' and its
> use of a three-note guitar riff from ``Get Off Your Ass and Jam'' by '70s
> funk-master George Clinton and Funkadelic.
>      In the two-second sample, the guitar pitch has been lowered, and the
> copied piece was ``looped'' and extended to 16 beats. The sample appears
> five times in the new song.
>
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