[Rumori] SAMPLING re: Songwriters Say Piracy Eats Into Their Pay
illegal art
illegalart at detritus.net
Wed Jan 7 15:23:19 PST 2004
now we've changed topics..
>Look I am sorry but no-one has the god-given right to sample anyone.
>Rights are construed through law and the law is clear. You use
>someone's music you pay them and if they don't mind then that's fair
>enough. You
fair use sampling may not be a god-given right, but it is still a
right. and the law certainly isn't clear about what sampling falls
under fair use. in the 2 live crew case the supreme court stated
that fair use would have to be decided on a case by case basis.
lawyers have told me that different scenarios could go either way
depending on the judge's interpretation.
you also seem to be implying that wherever the law stands.. that must
be good and right. i respectfully disagree. in many cases sampling
is civil disobedience to the corporate control of culture. i feel
that that is somehow good. maybe not as noble as rosa parks, but
still in the good vs. evil equation..
>wouldn't like it if someone sampled your house to entertain for a
>few days and earned millions in the
but that is not what sampling is. the equivalent w/ houses would be
to borrow the blue print (which could be considered IP, right?) and
incorporate part of it into a new house that i built. people always
mix these things up to make sampling look more harmful than it is.
IP is not the same as physical property.
>I am sorry but I totally disagree with your simplistic idea that by
>sampling you create a new song in entirety. That is stupid. Samples
>built on previous work, whether a bass-line, drumloop or whatever.
>Is it too much to ask to respect that?
i also disagree with the simplistic notion that just because someone
doesn't sample that their work is new and original. sampling is
merely doing digitally what music has always done.. building new
musical ideas on old ones.
philo
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