Legal Analysis on Music Sampling
Date Issued
2009
Date
2009
Author(s)
Tseng, Tu-Shuo
Abstract
Music sampling is the process of manipulating preexisting sound recordings and incorporating and remixing them into a new one. By using a digital sampler or a sequence program, everyone can easily build his own sounds in an innovative way. As a cut-and-paste skill, sampling democratizes processes of composing and brings about cultural diversity. Thus, it should be deemed an important art form in the digital age which requires protection within freedom of speech. opyright law exists for the main purpose of reinforcing freedom of speech. But, copyright law will inhibit the use of samples. Under current doctrine, every sample is a digital derivative duplication which has highly inclination to be branded as plagiarism or illegal appropriation without the permission from copyright holder. Additionally, digital sampling also suffers from a lack of clear judicial guidance. Courts inconsistently apply copyright statutes of recording and composition rights, excessively favor rights holders. Moreover, the demanded licensing fee is usually prohibitively expensive for most amateur individuals to clear the samples. As a result, creative sampling is stifled under current copyright system. his thesis proposes practical applications for the necessity of law reform. By adopting transformative fair use featuring sampling compulsory licensing and complementary to Creative Commons, through which will achieve the goal of copyright to strike the balance to afford adequate rewards to copyright holders and ensure the public freedom of creation.
Subjects
music sampling
copyright
transformativeness
fair use
compulsory licensing
Creative Commons
SDGs
Type
thesis
File(s)![Thumbnail Image]()
Loading...
Name
ntu-98-R93341029-1.pdf
Size
23.53 KB
Format
Adobe PDF
Checksum
(MD5):ed608c4315a78fa5d8fb3ba19fa6e795