[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



More information about the Rumori mailing list