Creative License: The Law and Culture of Digital Sampling by Kembrew McLeod,Peter DiCola,Jenny Toomey,Kristin Thomson

March 17, 2017 admin

By Kembrew McLeod,Peter DiCola,Jenny Toomey,Kristin Thomson

How did the Depression-era folk-song collector Alan Lomax turn out with a songwriting credits on Jay-Z’s track “Takeover”? Why doesn’t Clyde Stubblefield, the first drummer on James Brown recordings from the overdue Nineteen Sixties resembling “Funky Drummer” and “Cold Sweat,” receives a commission for different musicians’ common use of the beats he played on these songs? The track industry’s method of electronic sampling—the act of incorporating snippets of latest recordings into new ones—holds the solutions. Exploring the complexities and contradictions in how samples are approved, Kembrew McLeod and Peter DiCola interviewed greater than a hundred musicians, managers, legal professionals, pros, newshounds, and students. in response to these interviews, Creative License places electronic sampling into old, cultural, and felony context. It describes hip-hop in the course of its sample-heavy golden age within the Nineteen Eighties and early Nineties, the court cases that formed U.S. copyright legislation on sampling, and the labyrinthine licensing procedure that musicians needs to now navigate. The authors argue that the present process for licensing samples is inefficient and bounds creativity. for example, by means of estimating the present-day licensing charges for the Beastie Boys’ Paul’s Boutique (1989) and Public Enemy’s Fear of a Black Planet (1990), albums from hip-hop’s golden age, the authors exhibit that neither album can be published commercially at the present time. gazing that an identical dynamics that create difficulties for remixers now reverberate all through all tradition industries, the authors finish through reading rules for reform.

Interviewees include David Byrne, Cee Lo eco-friendly, George Clinton, De l. a. Soul, DJ most suitable, DJ Qbert, Eclectic technique, El-P, lady speak, Matmos, combine grasp Mike, Negativland, Public Enemy, RZA, Clyde Stubblefield, T.S. Monk.

Show description

Read or Download Creative License: The Law and Culture of Digital Sampling PDF

Similar intellectual property law books

Pop Song Piracy: Disobedient Music Distribution since 1929

The tune industry’s ongoing conflict opposed to electronic piracy is simply the newest skirmish in a protracted clash over who has the appropriate to distribute tune. beginning with song publishers’ efforts to stamp out bootleg compilations of lyric sheets in 1929, Barry Kernfeld’s Pop music Piracy information approximately a century of disobedient track distribution from music sheets to MP3s.

Copyright Exceptions: The Digital Impact (Cambridge Intellectual Property and Information Law)

This publication was once first released in 2005. Copyright 'exceptions' or 'users' rights' became a hugely debatable element of copyright legislations. so much lately, Member States of the ecu Union were compelled to amend their platforms of exceptions with a view to conform to the knowledge Society Directive.

Likelihood of Confusion in Trademark Law (November 2016 Edition) (Practising Law Institute Intellectual Property Law Library)

The second one variation of probability of misunderstanding in Trademark legislations provides this very important thought the complete assurance it merits, whereas addressing it within the lucid, trouble-free method that lawyers and laypersons can simply comprehend. Written via a number one practitioner with greater than 25 years of expertise in trademark and unfair pageant legislation, this crucial reference truly explains the commonly authorised technique utilized by the courts to figure out no matter if probability of misunderstanding exists in trademark situations — the a number of issue try out.

The Practitioner's Guide to Trials Before the Patent Trial and Appeal Board