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Court Rules That All Musical Samples Must Be Paid For

VertigOA
IsraTrance Junior Member

Started Topics :  29
Posts :  341
Posted : Sep 8, 2004 18:53
http://www.mtv.com/news/articles/1490830/20040908/index.jhtml?headlines=true

How will this affect the Trance world?

When P. Diddy rapped in 1997 about taking "hits from the '80s," it didn't sound so crazy, because sampling had been an integral part of rap music for years.

On Tuesday, however, a federal appeals court found the process a bit less reasonable, ruling that artists must pay for every musical sample in their work.

The ruling says artists must pay for not only large samples of another artist's work, but also snippets — smaller notes, chords and beats that are not the artist's original composition — which had previously been legal, according to The Associated Press.

Three judges sitting on the panel of the 6th Circuit Court of Appeals in Cincinnati said the same federal laws currently in place to halt music piracy will also apply to digital sampling, and explained, "If you cannot pirate the whole sound recording, can you 'lift' or 'sample' something less than the whole? Our answer to that question is in the negative."

The case at the crux of this new ruling focuses on the 1990 NWA song "100 Miles and Runnin'." The track samples a three-note guitar riff from a 1975 Funkadelic track, "Get Off Your Ass and Jam." The sample, in which the pitch has been lowered, is only two seconds long but is looped to extend to 16 beats, and appears five times throughout the track.

The NWA song was included in the 1998 film "I Got the Hook Up," which starred Master P and was produced by his No Limit Films. The film company has argued that the sample was not protected by copyright law.

In 2002, a lower court said that though the Clinton riff was in fact entitled to copyright protection, the specific sample "did not rise to the level of legally cognizable appropriation," according to the AP. The appeals court opposed that decision, explaining that an artist who acknowledges that they made use of another artist's work may be liable, and sent the case back to the lower court.

"Get a license or do not sample," the court said Tuesday. "We do not see this as stifling creativity in any significant way."



Discuss.
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slomi
Inactive User

Started Topics :  23
Posts :  375
Posted : Sep 8, 2004 18:58

do u think they listen to psytrance?!
          " You were born original... Don't die a copy.. "
- Some dude with a beard
Always remember:
Half of the cup is full...And the other half is on its way up...
phobium
Phobium

Started Topics :  14
Posts :  718
Posted : Sep 8, 2004 19:00
I thought it has been like this all the time? Sample something and get it released, you have to pay? If someone recognizes it and wants your money that is ...           ________________________
www.phobium.net
http://phobium.bandcamp.com/
________________________
Basilisk
IsraTrance Full Member

Started Topics :  168
Posts :  2984
Posted : Sep 8, 2004 19:02
I thought "reasonable use" was anything under 5 seconds or so but this is a question that is really decided by who has more money and time to waste.

Acid for nothing and your court fees for free?
Outolintu
IsraTrance Full Member

Started Topics :  63
Posts :  1477
Posted : Sep 8, 2004 19:09

everything is possible in america.
soon microsoft or some other dollar
company will buy the right for clean air
or drinking water...
i like sampling but i don't like to use
the sample in it's original form. i usually manipulate it quite a lot and by doing so
create something new. so i think it's not
actually ripping. i see it as modifying or
manipulating. you can't copyright a sine wave or high hat hit either, can you?...

Spindrift
Spindrift

Started Topics :  33
Posts :  1560
Posted : Sep 8, 2004 19:28
No company will sue a trance artist for samples.

Their laywers cost a lot more than they can hope to get back for a trance release.
The don't sue you for any damage fees, but they can get 100% or the revenues.

Would be great publicity for the artist though.
*Karma Cola*
IsraTrance Full Member

Started Topics :  113
Posts :  2314
Posted : Sep 8, 2004 23:52
Quote:

On 2004-09-08 19:28, Spindrift wrote:
Would be great publicity for the artist though.




Agreed..Lotz of offers shall come thru..
Seems we might have the first Scandaluz PsyArtist ..hehhehe

Satyr
IsraTrance Full Member

Started Topics :  67
Posts :  306
Posted : Sep 9, 2004 02:16
Quote:

On 2004-09-08 19:09, Outolintu wrote:
i usually manipulate it quite a lot and by doing so create something new.
so i think it's not actually ripping.
i see it as modifying or manipulating.



& keep it upp, if i may add

i guess that's why jimi hendrix tortured his
stratocaster that much in public ..
(torturing, roughly defined as manipulating with teeth, fire, acid
and modifying the sound by ramming it into a stack of stage monitors)

.. all that to keep the lawyers of les paul, fender
and other 'owners of the original string' off his back!


... but seriously, to see if any of this might affect psy,
i guess we can just sit back and relax
and watch where ( for example )
'north or south' by psykovsky is headed for ..

a three note riff from funkadelic is one thing,
but one minute of the rolling stones ..
now that's a cutee
          
www.satyrsatellites.com
www.soundcloud.com/satyr
www.soundcloud.com/satyr-barbarossa
volvox box
Inactive User
Started Topics :  13
Posts :  410
Posted : Sep 9, 2004 03:28
This thing can change the psytrance scene in a creative direction. Maybe then i can listen to "music" and not "movies with basslines" . .
Reconstructed


Started Topics :  4
Posts :  166
Posted : Sep 9, 2004 03:56
I think you are being a bit too generous in calling what is in psytrance a "bassline." More like basswreck
Surrender
IsraTrance Team

Started Topics :  506
Posts :  5388
Posted : Sep 9, 2004 08:57
Quote:

On 2004-09-09 03:28, volvox box wrote:
This thing can change the psytrance scene in a creative direction. Maybe then i can listen to "music" and not "movies with basslines" . .




hehe good one
          "On the other hand, you have different fingers."
http://myspace.com/gadimon
full_on
IsraTrance Team

Started Topics :  279
Posts :  5475
Posted : Sep 10, 2004 22:35
Quote:

On 2004-09-09 03:28, volvox box wrote:
This thing can change the psytrance scene in a creative direction. Maybe then i can listen to "music" and not "movies with basslines" . .



LOL!


Made my day!
Respect!           .
...Be gentle with the earth...
...Dance like nobody's watching...
.
...I don't mind not going to Heaven, as long as they've got Coffee in Hell...
DJPsYbAbA / psy-d fx
IsraTrance Full Member

Started Topics :  56
Posts :  234
Posted : Sep 11, 2004 18:08
no wonder psy trance dj's Rule !!!!!!!!1           «º3º~» Ps¥d-Fx «º3º~»
Stash
IsraTrance Full Member

Started Topics :  58
Posts :  1261
Posted : Sep 16, 2004 11:03
american laws again!!!!!!!

imo the psy scene will be largely unaffected by this           At the end there is a DOOR & waiting for you on the other side of that door is either HEAVEN or HELL
Trance Forum » » Forum  Trance - Court Rules That All Musical Samples Must Be Paid For

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