Sign up Log in. Web icon An illustration of a computer application window Wayback Machine Texts icon An illustration of an open book. Books Video icon An illustration of two cells of a film strip. Video Audio icon An illustration of an audio speaker. Audio Software icon An illustration of a 3.
Software Images icon An illustration of two photographs. Images Donate icon An illustration of a heart shape Donate Ellipses icon An illustration of text ellipses. Freedom of Expression Item Preview. EMBED for wordpress. The Waste Land Remixed? Chuck D tells me. Just like a musician would take the sounds off of an instrument and arrange it their own particular way.
We thought we was quite crafty with it. Then there were certain things that was straight-up taking, and we applied multiple effects to it. In the late s, when they could still get away with it, Public Enemy collaged together hundreds of fragmentary samples to create an album.
In some cases, the drum track alone was built from a dozen individually sampled and sliced beats. Then the track goes through a writing process. Coldcut is a British duo whose remix of Eric B. We actually thought we might be arrested when we went down to the pressing plant, so we used false names. We were aware that this was potentially litigious, but we thought we could probably get away with it with five hundred copies. He complained about this after De La Soul used a relatively inconsequential song fragment in their album 3 Feet High and Rising.
Protecting the individual artist is a large part of the rhetoric that props up the way copyright law is currently structured, even though in reality copyrights largely accrue capital for intellectual property—owning companies, not the artists themselves.
The group, fronted by. It also opened up the possibility that not all sonic quotations are automatically copyright infringements. Unfortunately, though, case law remains muddy when it. The Biz Markie and 2 Live Crew cases are the only two major rulings that have ended up guiding common practice. The fair-use statute was written into the Copyright Act to allow taking from a copyrighted work for the purposes of education, criticism, and parody, among many other things.
But for the most part, the law is not on their side; their only advantage is they have more money to devote to litigation than most individuals. According to Section of the Copyright Act, these include:. Such a use would seem unfair, especially because the updated version could replace the original in the market. Instead, the Court ruled that these four factors should be seen as existing on a continuum, where an overall balance of fairness is struck between the old work and the new.
However, in drafting and interpreting copyright laws, the Supreme Court, lower courts, and Congress recognize that we live in a commercialized society. They have consistently acknowledged that if we make some things totally off-limits for comment, we undermine the founding principles of democracy. Before the Biz Markie ruling, few record companies had internal rules about sampling, which explains why Warner Records allowed Too Much Joy to keep the U2 and Police samples on their record even after Bozo complained.
In In retrospect, this was a bargain, given the skyrocketing costs of sampling throughout the s. They had to take off the Clash sample because the Warner Records lawyers were onto them, but the group claimed that the rest of the suspicious sounds were created by the band in the studio. This is a common escape hatch in the digital-sampling world. For instance, when Public Enemy wanted to sample from Buffalo. This way, they only had to pay royalties to Stills, the songwriter, and not deal with Atlantic Records, which released the Buffalo Springfield recording and demanded a steep price.
This is how copyright law and the sample-licensing bureaucracy have. This seemingly odd and irrational process is actually a very rational decision by producers who want to sidestep the often-expensive mechanical royalty fee, which pays for the right to sample a Buffalo Springfield record released by Atlantic.
When using studio musicians, hip-hop artists still have to pay the publishing fee, which compensates a songwriter such as Stephen Stills. As the nineties progressed, record companies began to more aggressively monitor the sampling practices of their artists, which helped create a new cottage industry, called sample-clearance houses. These are third-party companies that track down the original copyright holders and negotiate a license for a sampled sound.
Quirk was the lead singer, songwriter, and guitarist for Too Much Joy, a poppy, punky band whose career spanned the s and s. Over the course of a decade, Too Much Joy was arrested for performing obscene 2 Live Crew songs in Broward County, Florida; Quirk was detained by the Secret Service after drunkenly joking onstage about stran-gling Bill Clinton when Chelsea was in the audience; and they pissed off Bozo the Clown.
A clown was my boss at every job I ever had. Sometimes their sonic quotations were relevant to the song itself. Sign up Log in. Web icon An illustration of a computer application window Wayback Machine Texts icon An illustration of an open book. Books Video icon An illustration of two cells of a film strip. Video Audio icon An illustration of an audio speaker. Audio Software icon An illustration of a 3. Software Images icon An illustration of two photographs.
0コメント