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Sampling without permission can infringe copyright or may be fair use. Clearance, the process of acquiring permission to use a sample, can be complex and costly; samples from well-known sources may be prohibitively expensive. Courts have taken different positions on whether sampling without permission is permitted.
Tito Silva Music Sample used without permission, which led Silva to remove the song from streaming services after it went viral to avoid legal issues [119] 2022 "Stan" (2000) Eminem [119] 2022 "El Hueso de Mi Perra" (2012) Little Key and Son de AK "Gatita" (2022) Bellakath: Not settled [120] 2024 "Trouble Is a Friend" (2008) Lenka "Selos" (2023 ...
Music plagiarism is the use or close imitation of another author's music while representing it as one's own original work.Plagiarism in music now occurs in two contexts—with a musical idea (that is, a melody or motif) or sampling (taking a portion of one sound recording and reusing it in a different song).
VMG Salsoul v Ciccone 824 F.3d 871 (9th Cir. 2016) is a court case that has played an important role in redefining the legal status of sampling in music under American copyright law. The case involved a claim of copyright infringement brought forth against the pop star Madonna , for sampling the horns from an early 1980s song "Ooh I Love It ...
Interpolation is prevalent in many genres of popular music; early examples are the Beatles interpolating "La Marseillaise" and "She Loves You", among three other interpolations in the 1967 song "All You Need Is Love", [3] and Lyn Collins interpolating lyrics from the 5 Royales' "Think" in her similarly titled 1972 song "Think (About It)".
Grand Upright Music, Ltd. v. Warner Bros. Records, Inc. 780 F. Supp. 182: SDNY 1991 Music sampling is generally copyright infringement. Step-Saver Data Systems, Inc. v. Wyse Technology: 939 F.2d 91: 3rd Cir. 1991 The need to characterize the transaction as a license to use software is "largely anachronistic.". Sega v. Accolade: 982 F.2d 1510 ...
The case centered on the 1990 N.W.A. track "100 Miles and Runnin'", which contains a manipulated two-second sample of the 1975 Funkadelic track "Get Off Your Ass and Jam". The sample was implemented without Funkadelic's permission and with no compensation paid to Bridgeport Music, which claimed to own the rights to Funkadelic's music.
Sampling is when musicians make an audio montage taking a portion, or sample, of a sound recording and reusing, remixing or reworking it as a separate instrumental layer or loop into another song. It is popular with hip hop musicians. [citation needed] The documentary contains interviews with several sampling artist pioneers, including hip-hop ...