Contract Law and Music Copyright Essay

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COURSEWORK FOR CONTRACT LAW (MUSIC*) *On what basis does the inclusion of samples of a recording made by *Pink Floyd constitute an infringement of copyright? In civil law regarding copyright, there are two types of infringement; primary and secondary. Primary is concerned with the unauthorised use of copyrighted works and secondary would involve the dealing or making commercial use of such infringing copies. In the music industry, an infringement of copyright often consists of an existing piece of music being used by an artist without permission from the person or company who own the rights to the original music or recorded sound. This is exactly what has happened with Alexei Duff. He has used two samples from two Pink Floyd tracks…show more content…
Alexie Duff could argue that the sample does not play a substantial part in the piece however he still sampled a sound recording without acquiring permission from the copyright owners. If legal action was to be carried out and the judge decided against Alexie Duff, overall it would stand that the samples used were taken from original sound recordings by Pink Floyd so therefore an infringement of the sound recording copyright would have occurred. If Alexie Duff was to re-create the drum beat rather than use the existing recorded sound then this would still be sampling though it would only be an infringement of the musical copyright. In spite of this, Pink Floyd’s record label may have less of a case in court as the sample was so short. However this is not the case. An example of where a record company has decided to take legal action against an artist for the use of sampling is the case of Hyperion Records Limited v. Warner Music (UK) Limited. A band called “The Beloved” used an eight second sample of a song called “O Euchari”. The sound was recorded by a singer named Emily Van Evera. Hyperion Records owned the rights to the sound recording and decided to sue. At the preliminary hearing, the judge decided that that the eight seconds of sampled music constituted as a substantial part. In the end, an out of court agreement was made between the two parties. Another example would be the case of
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