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.
there are thousands of songs that sample songs that are currently available. a vast majority of rap albums include samples. the artist, ice cube, (and many, many other rap artists) use samples of p-funk/parliament tunes on tons of his songs.
the reason the songs incorporating sampled material are not enjoined from use or manufacture is because they've been properly licensed.
as someone else responding to your inquiry pointed out, sampling is a huge business for the owners of the sound recordings and underlying copyrighted musical work being sampled. why? because they make money from licensing samples.
legally sampling requires two separate licenses: 1. master use license (for the sampled sound recording) from the record
company.
2. mechanical license (for the sampled underlying musical work) from the
music publisher (or it's agent, i.e. harry fox agency)
if i may say, your question might be better answered (if it hasn't already been) if we knew the reason for your asking.
derric oliver
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