Step Away From the Sampler, by Peter Kirn

Image and text source: Key Board Mag
January 2005
Court rules all digital sampling illegal and the record industry objects — but you still have options
Get this: According to a fall 2004 ruling by the 6th Circuit U.S. Court of Appeals, any use of a digital sample of a recording without a license is a violation of copyright, regardless of size or significance. In its decision in Bridgeport Music et al. vs. Dimension Films, the court said simply, “Get a license or do not sample. We do not see this as stifling creativity in any way.â€
“As far as sampling of recordings, they didn’t make it gray; they made it a line in the sand,†says Jay Cooper, a leading entertainment arts lawyer and a former president of the National Academy of Recording Arts and Sciences (NARAS). Previously, courts had applied the question of size and significance to copyright infringement claims, but the new ruling changes that for sampling. Cooper says, “I think they went a little far afield from what the law has been in the past. Basically, the law has generally been there has to be more than a minimal use . . . this case basically said that you could take one note and that could be copyright infringement. They really did say that.â€















