[rumori] The Sample Clearance Fund: A proposal

Boster, Bob [rumori] The Sample Clearance Fund: A proposal
Wed, 26 Aug 1998 09:24:57 -0700 (00904177497, c=US%a=_%p=HIII%l=MAIN_SERVER-980826162457Z-9553ATserver2.orban.com)

>From: Steev[SMTP:steevATdetritus.net]
>However, I thought I'd just mention
>overtly the problem this idea brings up: you get into the area of deciding
>what is a "musically dependant" use of a sample, and what is not.

Yes, I'd say there is room for some kind of standard to be set about
what qualifies as dependent. For me I would say the leverage of the
decision rests on "using the sample for it's connotation IN THE SAME MANNER IN WHICH IT WAS ORIGINALLY PROFFERED". This relieves the ECC and John O., I think. My guess is this could be categorized and defined
relatively strictly. It would also result in the Puff Daddies paying
and the Negativlands not (which would be a bonus, but not my goal). I
realize this is hard to juggle, but potentially more definable and even
more amenable to some side of the issue than a complete sample ban
(which is what we are facing in some sense).

> But who's going to decide? Is some government agency going to
>figure out whether a song is derivative or innovative, and then make all
>the Puff Daddies of the world pay for samples and let all the Negativlands
>(or even Cold Cuts) off free?

I think the government agency (or the courts) mandates that Fair Use
must be allowed, and then let the "industry" set a standard, and then bring the standard back into the courts for a judgment.

>Nice dream. Though I don't don't think our "plight" is even remotely
>comparable to that of Tibet's...

I agree, although you could posit a comparison between the cultural
damage being wrought by the dominating force. Luckily in our case no
one is being shot or disappeared.