Creative License: The Law and Culture of Digital Sampling
How did the Depression-era folk-song collector Alan Lomax end up with a songwriting credit on Jay-Z’s song “Takeover”? Why doesn’t Clyde Stubblefield, the primary drummer on James Brown recordings from the late 1960s such as “Funky Drummer” and “Cold Sweat,” get paid for other musicians’ frequent use of the beats he performed on those songs? The music industry’s approach to digital sampling—the act of incorporating snippets of existing recordings into new ones—holds the answers. Exploring the complexities and contradictions in how samples are licensed, Kembrew McLeod and Peter DiCola interviewed more than 100 musicians, managers, lawyers, industry professionals, journalists, and scholars. Based on those interviews, Creative License puts digital sampling into historical, cultural, and legal context. It describes hip-hop during its sample-heavy golden age in the 1980s and early 1990s, the lawsuits that shaped U.S. copyright law on sampling, and the labyrinthine licensing process that musicians must now navigate. The authors argue that the current system for licensing samples is inefficient and limits creativity. For instance, by estimating the present-day licensing fees for the Beastie Boys’ Paul’s Boutique (1989) and Public Enemy’s Fear of a Black Planet (1990), two albums from hip-hop’s golden age, the authors show that neither album could be released commercially today. Observing that the same dynamics that create problems for remixers now reverberate throughout all culture industries, the authors conclude by examining ideas for reform.
Interviewees include David Byrne, Cee Lo Green, George Clinton, De La Soul, DJ Premier, DJ Qbert, Eclectic Method, El-P, Girl Talk, Matmos, Mix Master Mike, Negativland, Public Enemy, RZA, Clyde Stubblefield, T.S. Monk.
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LibraryThing ReviewUser Review - rivkat - LibraryThing
Surveys the law and practice of sampling in music (mostly rap and experimental music), and argues that it’s not working very well except for people who are well-connected and able to pay a lot of ... Read full review
Creative License: The Law and Culture of Digital SamplingUser Review - Book Verdict
The current debate over intellectual property rights has resulted in a broad but often superficial understanding of the issue among the general public. With the goal of replacing anecdotal with ... Read full review
1 The Golden Age of Sampling
2 A Legal and Cultural History of Sound Collage
3 The Competing Interests in Sample Licensing
HipHop Goes to Court
How It Works and How It Breaks Down
An Assessment of the Sample Clearance System
7 Proposals for Reform