the lowdown on the latest sampling court decision.
you know, as smart as judges are supposed to be, how can they be so thick sometimes?
― msp (msp), Thursday, 9 September 2004 18:04 (fifteen years ago) link
― Alba (Alba), Thursday, 9 September 2004 18:54 (fifteen years ago) link
― Pfunkboy Formerly Known As... (Herman G. Neuname), Friday, 21 November 2008 17:04 (ten years ago) link
― GSOHSHIT (blueski), Friday, 21 November 2008 17:19 (ten years ago) link
Friend was mentioning this offhand the other day. Made it sound like everyone could sample freely!
― Ned Raggett, Friday, 21 November 2008 17:22 (ten years ago) link
This is possibly a good precedent for fragmentary sampling.
― HI, YOUR BAND! (Mackro Mackro), Friday, 21 November 2008 17:52 (ten years ago) link
11 years?!The question is, when is the Blue Man Group going to sue Kraftwerk?http://newsimg.bbc.co.uk/media/images/45225000/jpg/_45225498_1ff5c06c-911f-43f2-ad78-49b6358dca73.jpg
― snoball, Friday, 21 November 2008 18:12 (ten years ago) link
Sabrina Setlur - Nur mir:
likable, and pretty blatant sample
decisions on each sampling case are so ludicrously arbitrary. I'm for being able to use things like this, but the idea that this was okay but NWA's half-speed downsampled Funkadelic sample wasn't okay... just underlines how dangerous it is to try to apply court rulings to the arts
― Milton Parker, Friday, 21 November 2008 19:51 (ten years ago) link
Yeah, the disparity between the decisions on these issues is pretty extreme. The Second Circuit in 2003 said the Beastie Boys' six-second flute sample was too small to amount to infringement even though they looped it over 40 times, while the Sixth Circuit two years later (the case Lessig discusses in the top link) took a zero-tolerance approach to a two-second sample of "Get Off Your Ass And Jam."
― dad a, Friday, 21 November 2008 20:20 (ten years ago) link
i've been really curious lately about sample clearance & legality. for example, with all this dubstep stuff that samples big r&b songs (james blake w/aaliyah & kelis, burial w/beyonce etc., joy orbison w/janet jackson, etc.), or planet mu giving an official release to footwork tracks with super obvious pop samples...is anyone going to the trouble of getting the samples cleared, or just hoping that it's under the radar and no one will notice or care?
― bows don't kill people, arrows do (Jordan), Tuesday, 16 November 2010 19:25 (eight years ago) link
prob the latter
― dark side of the goon (The Reverend), Wednesday, 17 November 2010 04:09 (eight years ago) link
I mean isn't it a lot cheaper to send a cease & desist than it is to like fucking take someone to court? Doesn't seem like they have much to lose I guess?
― twisted sister hazel dickens (Stevie D(eux)), Wednesday, 17 November 2010 05:13 (eight years ago) link
What it really boils down to is the size of the pot.
It isn't worth paying the lawyers to draft and file the paperwork over a couple thousand 12"s and some downloads. That is why you can pretty much get away with sampling whatever you like in underground dance music. The pressings are so small and there is so little money there, that it isn't worth it for rights holders to go after infringement.
― srsly dudes pastiche aesthetic + amiable nihilism (Display Name), Wednesday, 17 November 2010 05:19 (eight years ago) link
It doesn't necessarily work that way - C&D letter is not like your yellow card. You can still get sued and/or wind up owing money even if you stop on receipt of a letter.
― portrait of the artist as a yung joc (Hurting 2), Wednesday, 17 November 2010 05:20 (eight years ago) link
came across this dj rupture quote, although he's talking about mix cds instead of original production that incorporates samples:
"That's an enormous amount of work," he says. "With my previous releases, I would kind of explain to everybody and get verbal permissions from the underground and independent artists, and not even bother with Missy Elliott or any of the major label stuff. But the legal climate for that type of thing has changed -- at least when you're releasing commercial CDs with uncleared tracks on it. It just doesn't make sense to do it anymore. So I don't know what my next mix-CD will be like -- it might just be an online mix available for free. Then I could say, 'If I had a CD for sale, this is what it would be.' But if I did try, it would probably cost me $70,000 because I couldn't get The-Dream to sign off on a cappella or whatever."
it's from here, but it also has girl talk saying some annoying things and i don't want to turn this into the girl talk thread.
― bows don't kill people, arrows do (Jordan), Wednesday, 17 November 2010 19:47 (eight years ago) link
Case is still going:
Ain't no grudge like a Hütter grudge.
― La Düsseldork (Branwell with an N), Thursday, 26 November 2015 08:39 (three years ago) link
OMG I can't deal with his black eye; that looks so so painful. That man has got to stop injuring himself.
― La Düsseldork (Branwell with an N), Thursday, 26 November 2015 20:51 (three years ago) link