The Evolution and Legal Challenges of Sampling in Music

TLDR Sampling in music has evolved from a creative art form to a legal minefield, with artists facing lawsuits and hefty bills for using copyrighted material without permission. While fair use provides some protection, the boundaries of what constitutes fair use are still unclear in some countries.

Timestamped Summary

00:00 This section of the podcast discusses how Bridgeport, a music catalog company, sued Jay-Z for sampling Madonna's song "Justify My Love."
05:09 Bridgeport, a music catalog company, sued Jay-Z for sampling Madonna's song "Justify My Love," and they have become known as "sample trolls" who buy up songs, hang on to the copyrights, and sue anyone who samples them without permission, even if the sample is unrecognizable.
09:47 The Amen Break, a drum loop from a little-known song by The Winston's, has been sampled thousands of times and gave rise to drum and bass and jungle music.
14:39 The Melotron keyboard, which allowed for sampling of different instruments, was a groundbreaking invention in the 1960s and was used by artists like The Beatles and Genesis, while even earlier, avant-garde artists like Pierre Schaefer and Pierre Henry created Music Concrete, a form of electronically reproduced music that laid the foundation for electronic music as we know it today.
19:24 Dickie Goodman and Bill Buchanan created a commercial version of music concrete called "flying saucer" in 1956, which involved mashing up rock and roll hits with a fake news report about aliens landing from outer space.
24:01 In the early days of sampling, DJs like Cool DJ Herc and Grandmaster Flash were innovating and creating music by sampling drum breaks and bass lines from different songs, while artists like the Beastie Boys and Public Enemy were constructing full songs from dozens of samples before permission rights were required.
28:46 The first copyright lawsuit that changed hip hop was when Bismarck Key sampled Gilbert O'Sullivan's "Alone Again Naturally" in his song "Alone Again," leading to Warner Brothers getting sued and the judge ruling in favor of the copyright holders, causing sampling to go from art to business.
33:09 As sales grew in the rap and hip hop world, the cost of sampling increased, with artists having to pay both the copyright owner of the composition and the owner of the specific recording, leading to larger bills and potential legal issues if not properly credited or compensated.
37:56 In the landmark case Newton v Diamond, the Beastie Boys won their case when the judge ruled that a brief composition consisting of three notes separated by a half step is not sufficient to sustain a claim for copyright infringement.
42:53 Fair use allows us to play a snippet of something without permission as long as it is used for commentary, criticism, research, teaching, or news reporting, but it is unclear if fair use applies in Australia.
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