The 1990s produced the most famous sample lawsuitsof the genre's history, but even major label hit records of the 21stcentury so far have attracted their fair share of litigants. NEXT PAGE . Freedom of artistic activity trumped any “minor” infringement of a sound recording that did not produce “considerable economic disadvantages” for the recording’s copyright owner, the court held. Audie Cornish asks what this mean for music in the age of sampling. Music Court Rules That All Musical Samples Must Be Paid For 'Get a license or do not sample,' judges say. There is no fixed amount of permitted usage that is set forth in the fair use statute and the cases do not define any fixed amount of usage.
More than ever, it is crucial for any modern musician to have a basic knowledge of music copyright law, and at least a grasp of the legal avenues that exist when using another artist’s material. On 31 May, in a case involving the copying of two seconds of a Kraftwerk song, the court declared that there was a constitutional right to sample copyrighted sound recordings.
In a 22-year-long legal battle involving German band Kraftwerk, the EU's top court has now set strict rules on sampling.
How do musicians take a classic sample and turn it into something new? by Jane McGrath. Music Kraftwerk case: EU top court defines rules of sampling. Have you ever heard a brand new song on the radio and realized that it sounds familiar? The following cases of the early 90s serve as a snapshot into the ways that copyright issues such as music sampling affected popular musicians of yesterday and continue to do so today. A jury concluded that Pharrell Williams and Robin Thicke must pay over $7 million to Marvin Gaye's heirs for copying his music. License fees for sampling vary greatly depending on: (1) how much of the music is sampled; (2) the popularity of the music you intend to sample; and (3) the intended use of the sample in your song (if your entire song is based upon a sample it will be more costly than a minor use of the sample). A court ruled in favor of the producer of a 1997 song that sampled the German group – but since every sampling case is subjective, it’s not a model for the future Antonio Luiz Hamdan/Photographer's Choice/Getty Images. archive-Alyssa-Rashbaum 09/08/2004. After the watershed “Blurred Lines” case in 2016, there has been an influx of music copyright infringement cases bringing songwriters, performers, and publishers to court. FAIR USE: Music Sampling IVAN HOFFMAN, B.A., J.D.
One of the strangest cases in music was one that Creedence Clearwater Revival’s John Fogerty found himself defending in 1984, when he stood accused of self-plagiarism by his old record label. owner of the underlying musical work. How Music Sampling Works.