Re: digital sampling

On Mon, 13 Mar 2000, Larry Helfer <larry.helfer[_at_]lls.edu> wrote:
>
> Does anyone know of an example of digital sampling (i.e. the copying
> and splicing of a few seconds of a preexisting sound recording) into
> a new musical work/sound recording where both the sampled song and
> the new work are available for purchase? I know that Biz Markie
> sampled Alone Again Naturally in his song "Alone Again" in his album
> "I Need a Haircut". However, an injunction was issued, see Grand
> Upright Music v. Warner Bros.Records 780 F.Supp. 182, and the song
> is no longer available on the album.

     If I recall correctly, this was supposedly the case with the 2 Live Crew "Pretty Woman". The parody allegedly contained a small audio sample from the Orbison hit. The sampling issue was discussed and evidence presented at the lower court level, but the issue did not survive to appeal -- I suppose because it muddied the waters. There are many other examples, actually (for instance, the old rap hit "Wild Thing" contains a noticable sample from the even older Van Halen song "Jamie's Crying"... I think these are both still "in print"), but I believe these are generally handled through license these days. I was told that a Janet Jackson case was working it's way through the system, but I have never heard what became of it.

James Rogers
<jetan[_at_]ionet.net> Received on Tue Mar 14 2000 - 12:15:05 GMT