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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 ...
The 9th Circuit, affirming the earlier District Court ruling in favor of Diamond Multimedia, [14] ruled that the "digital music recording" for the purposes of the act was not intended to include songs fixed on computer hard drives. The court also held that the Rio was not a digital audio recording device for the purposes of the AHRA, because 1 ...
The Circuit Court agreed with the District Court's "general analysis of Napster system uses" as well as with its analysis of the three types of fair use alleged by Napster, which were "sampling, where users make temporary copies of a work before purchasing; space shifting, where users access a sound recording through the Napster system that ...
Music law refers to legal aspects of the music industry, and certain legal aspects in other sectors of the entertainment industry. The music industry includes record labels , music publishers, merchandisers, the live events sector and of course performers and artists.
Sampling is one of the foundations of hip hop, which emerged in the 1980s. [34] Hip hop sampling has been likened to the origins of blues and rock, which were created by repurposing existing music. [24] The Guardian journalist David McNamee wrote that "two record decks and your dad's old funk collection was once the working-class black answer ...
As each sample had to be cleared to avoid legal action, records such as those produced by the Bomb Squad for Public Enemy, which use dozens of samples, became prohibitively expensive to produce. [ 3 ] [ 4 ] According to Pitchfork , "Overnight it became forbiddingly difficult and expensive to incorporate even a handful of samples into a new beat ...
The circuit court's ruling in BMG Music v. Gonzalez was praised in some quarters for clarifying the ability of copyright holders to initiate suits against people who engaged in unauthorized file sharing on the Internet, [6] and for influencing the development of paid music services like iTunes as a solution to unauthorized copying. [7]
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).