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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.
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).
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 ...
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 ...
The companies copied music without permission to teach their systems to create music that will "directly compete with, cheapen, and ultimately drown out" human artists' work, according to federal ...
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 ...
A federal judge has allowed parts of a $250 million copyright lawsuit to proceed against Elon Musk’s X, handing the social media company a blow as it faces allegations that it helped some people ...
Universal Music Corp. that copyright holders cannot order a deletion of an online file without determining whether that posting reflected "fair use" of the copyrighted material. The case involved Stephanie Lenz, a writer and editor from Gallitzin, Pennsylvania , who made a home video of her thirteen-month-old son dancing to Prince's song " Let ...