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Creative License

The Law and Culture of Digital Sampling
McLeod, Kembrew (Book - 2011)
Creative License
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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.
Authors: McLeod, Kembrew, 1970-
Title: Creative license
the law and culture of digital sampling
Publisher: Durham [NC] : Duke University Press, 2011
Characteristics: ix, 325 p. ;,23 cm
Statement of Responsibility: Kembrew McLeod and Peter DiCola ; with Jenny Toomey and Kristin Thomson
Contents: The golden age of sampling
A legal and cultural history of sound collage
The competing interests in sample licensing
Sampling lawsuits : hip-hop goes to court
The sample clearance system : how it works (and how it breaks down)
Consequences for creativity : an assessment of the sample clearance system
Proposals for reform
Additional Contributors: DiCola, Peter 1976-
ISBN: 0822348640
9780822348641
0822348756
9780822348757
Branch Call Number: 346.730482 M1654c 2011
Bibliography: Includes bibliographical references and index
Subject Headings: Plagiarism in music Sampler (Musical instrument) Copyright Music United States
Topical Term: Plagiarism in music
Sampler (Musical instrument)
Copyright
LCCN: 2010035883
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app16 Version Arkelstorp Last updated 2014/10/16 16:12