Sampling Should Be Illegal

Transformative qualities are an essential aspect of deciding the applicability of fair use when borrowing from copyrighted works. Transformative equates to works that step beyond the replication of a copyrighted work. This can be accomplished by changing the purpose and adding artistic value to the new creation. Through the incorporation of a new purpose and character, consideration of the minimal portion used of the copyrighted work, and inspection of the lack of effect on the market of the original work, it is conclusive that Kanye West’s “Champion” falls under the protection of fair use when taking into account its incorporation of Steely Dan’s “Kid Charlemagne.” West uses a

Is important for anyone who has created any intellectual property to protect it. In the music industry, in order for someone to protect their work, they must obtain a copyright. Music has been around before anyone could obtain a copyright and when the invention of the computer came along it made it easier for someone to steal another artist's intellectual property with the help of the internet. This paper will cover what events have taken a big role in copyright protection for artist, the consequences if someone was to break the rules of a copyright which is called copyright infringement, and how will a copyright hold in the future. Were copyrights enacted without the thought of life changing technology, and how can some music companies

Michael R. Cohen, 25B WEST 'S LEGAL FORMS, INTELLECTUAL PROPERTY § 23:22 (2014) (“Since it would be virtually impossible for publishers or songwriters to monitor and control the large numbers of users of their songs, the enforcement and control of such performance rights usually falls to one of three performing rights organizations ....”).

In this essay, you will read about an artist in the name of Robert Matthew Van Winkle, known professionally as Vanilla Ice who became famous for a while, not because of his talent, but because of the copyright of someone else baseline. He thought changing the rhythm of David Bowie’s “Under Pressure” baseline and not giving him credit would avoid him from any questions. In this essay I will provide you my opinion of Vanilla Ice’s song “Ice, Ice, Baby”as an example of plagiarism, with evidence provided of what he did wrong, and what he could have caused.

In the music industry, it is not uncommon for original songs to be rerecorded and altered by other artists resulting in what is known as a cover song. One example of this situations occurrence can be seen in Vance Joy’s indie folk-pop song, “Riptide”, that was famously covered by pop and country crossover artist, Taylor Swift. Overall, there are many factors that go into the relationship between an original and cover song and the artists of each song. Such as both artist’s connection to the song and the relationship between the artists themselves. There are also differences between the original and cover songs themselves including song structure, instrumentation, vocals, lyrics, and lyrical meaning.

Throughout our Communication Studies, we have examined the capitalist economy through a critical lens and as a result, corporations always appear at the forefront of debate, blame, and power. From a neo-liberalist economic standpoint, the typical “prosumer” is encouraged to create consumer-generated content, but what happens when you put your creative labour to the test? York University consistently advocates, “this is your time”; in other words, students are responsible for their own success and are held liable for any failures or mishaps they may endure. While contemporary technologies have multiplied and democratized opportunities for musical creativity, intellectual property law has been used to repress our right to free speech, which is guaranteed under the first amendment (Demers 2006). Therefore, the industry’s effort at convincing people that file-sharing is equivalent to thievery have turned an increasing number of artists into intellectual property activists.

Sampling is a technique that many artists have used for decades, when given the opportunity to record a new track. Sampling has transformed the music industry, by allowing an artist to broaden their horizons, and give people the ability to have a different outlook towards a particular song. Often times when a producer is trying to assist the artist or group, they will present the artist with many beats and mixes. Of the beats and mixes provided, a few of them may be a sample of another artist’s work. Often times when an artist or group admires the work of another artist, they will get their permission to sample their music and incorporate into the work that they are about to produce. Another reason an artist may decide to sample the work

In the music industry, the key legal issues are the concept of copyright and fair use. Island Records base their legal argument on the code of copyright. Copyright laws help protect the creative works of the writers and other artists from the commercial

Beginning at 0:09 in “My Name is”, Eminem uses sample appeared at 2:31 in “I Got the…” as a major rhythm for the whole song. Sampling is one of the most common elements in the hip-hop music. Sampling is the act of using recordings of other music in making new music. In the hip-hop music history, sampling is always a controversial topic legally and musically since sampling relates to the issue of the copyright of the music. Does sampling violate the other musicians’ copyright? Does sampling threaten the innovation of the music? Those questions are the most sensitive debates about sampling. Sampling begins in mid-1970s, when DJs mixed between particular parts of records, especially the breakdowns, to inspire dancers in the party. The technique, such as spinning and scratching the record while it played, can be considered as an early form of sampling in hip-hop music. In the mid-1980s, the primary use of “sampling” as a basis of the beat is a main shift in production. “La Di Da Di” produced by Slick Rick and Doug E Fresh is probably the most sampled song in hip-hop. Sampling has three “layers”, which are the sound, the reference and the intertextuality. The artist may use sampling to refer the older piece’s context or refer to other people’s use of the same sample. There are some famous cases regarding sampling in the hip-hop history. For example, “Pretty Women” produced by 2 Live Crew was sued for using Roy Orbison’s song. As a result, 2 Live Crew won on the basis

Over the past fifty years, the British Music Publishing industry has undergone dramatic changes. It has evolved as an entity with innovations in technology, changes and creations of laws and new mediums to promote and exploit songs to a wider audience. Therefore, the way in which the music publishing industry operates and exploits its assets has completely transformed, and continues to do so at a rapid pace. This paper will attempt to explore the ways in which publishers exploit song copyrights and the way in which this has changed over the past 60 years. It is important to define what is meant by copyright and its role within the industry. The Performing Right Society website states: “Copyright

Music Copyright is a very important aspect of the music industry. The Copyright law was established to preserve the creativity and rights of authors, composers, performers of expression. Copyright is the law that protects the property rights of the creator of an original work in a fixed tangible medium. (http://dictionary.reference.com/browse/copyright) A fixed tangible medium is something substantial like copying lyrics on paper or putting a song on tape or CD. Copyright can be seen every where in the music industry. Many music artist of our culture today have been involved in copyright issues. Recently, on MTV news it was stated that, "As the music industry becomes increasingly concerned about protecting the

Throughout the years, music has evolved and transformed in many ways. However, there are restrictions in today’s music, otherwise known as, censorships. A crisis has emerged concerning the issue of censorship. This argument consists of two possible stances: one, supporting the continuation of censorship, and two, eliminating the status quo of censorships in the music industry. There have been countless debates and arguments regarding the issues of censorship ever since the U.S. Congress passed the Radio Act in 1927 (The History). The time has arrived for censorship to be brought to an end. The government should release their grip on the censorship of music for the following reasons: it obstructs the public’s freedom of choice, it

Producers of musical content cannot undo the adverse effects that piracy has had on the industry. Because of the internet and the way individuals have manipulated it to obtain music, many people are unwilling to change their habits. Here lies the issue between the producer and the consumer. Acts like the Stop Online Piracy Act (SOPA) and PROTECT Intellectual Property Act (PIPA) work against the incentive of many consumers by telling them that they cannot do what maximizes their utility. Producers are thus working against the likings of the consumer. This is wrong.

Music licensing is certainly not the ideal solution to maintain the integrity of the art. Music licensing has created situation in which people actually have to pay to use folk songs such as "Happy Birthday" in certain circumstances. The company that owns the license to the song actually receives millions of dollars every year for a song that nobody knows who originally wrote. However, compensating artists for their works is a complicated endeavor and does not receive much public funding in a capitalist system. Therefore, even though the licensing practice may be counter-productive the art form and overly commercialized, it is a necessary evil that must be tolerated in modern society.

Companies like Apple, have decided that it is best to get in with the downloading business. However, an end to the illegal downloading conflict remains to be realized. The RIAA and associated artists continue to wage war against illegal downloaders while computer savvy audiences persist in sharing music files online every day. While it is undoubtedly true that downloading music is a crime, it remains to be proven that it is wrong. Without establishing this principle, most downloader's are likely to continue the activity. Even with new, inexpensive and available means of downloading files, they can still be shared for free online. The rift must be repaired between music lovers who feel that they have been taken advantage of in the past and recording companies and artists who worry about their future livelihood.