Re: "CD manufacturers were sued, and lost..."

On 9/4/1998, Paul Jones <pjones[_at_]sunsite.unc.edu> wrote:
>
> today's nytimes arts section has a story on the event. also at:
> http://www.nytimes.com/yr/mo/day/news/arts/pop-life.html
> look halfways down the page to "Sampling Success"
>
> one new turn of the worm is there:
>
> "Two days ago, in response to complaints from Negativland fans, the
> association tried to make its position on sampling -- a legal gray
> area -- a little clearer by amending its guidelines to CD-pressing
> plants, saying that in some instances "sampling may qualify as fair
> use under copyright law" and recommending that CD plants consult
> their lawyers to decide how to handle each situation. Hillary Rosen,
> the association's president, said that now a band without sample
> clearance can still make a case to get its CD pressed."

I wonder whether CD plants are more likely to consult their lawyers (and incur fees) or to turn away artists who use sampled works in their work to avoid doubt; and whether those who do turn to their legal counsel (or have to defend against a lawsuit over reliance on counsel) will have to raise their fees to the artists, driving some out of the market.

Daniel J. Schaeffer
<daniel_schaeffer[_at_]kirkland.com> Received on Fri Sep 04 1998 - 13:02:39 GMT