Part III: Rights and Their Limitations | h2ocopyright | May 10, 2013


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Part III: Rights and Their Limitations

by h2ocopyright Show/Hide
    1. 1.1 Show/Hide More 17 U.S.C. 106
      Original Creator: Prof. William T. Fisher III Current Version: h2ocopyright
    2. 1.3 Show/Hide More Sampling
      Original Creator: h2ocopyright
        1. Show/Hide More Newton v. Diamond
          Original Creator: Prof. William T. Fisher III Current Version: h2ocopyright
      1. 1.3.3 Show/Hide More Sampling Examples
        Original Creator: h2ocopyright
        Peruse the website It has thousands of “before” and “after” instances of sampling, showing how artists have sampled and been sampled from for decades. The information manifested in these lineages raises several important copyright issues. A few of these are mentioned in the notes below.
        1. Show/Hide More "Amen, Brother" The Winstons (1969)
          This album has been sampled 894 times since its release in 1969. Often times the samples taken are simple instrumental loops. At what point does a sample simply replace an instrument? In trademark law, something can become so ubiquitous as to be unprotectable. Should a similar policy apply to music sampling? Would this example qualify?
        2. Show/Hide More "I Shot the Sheriff," Eric Clapton (1974) sampled in "Fight the Power," Public Enemy (1989)
          This instance of sampling raises questions about the “amount and substantiality” test. The sampled portion comprises just a single note, but it is quite an identifiable note. Could the expression of a single note ever be so unique as to be protected by copyright?
  1. 5 Show/Hide More Fair Use
    Original Creator: h2ocopyright
    1. 5.3 [This resource no longer exists on H2O because its owner deleted it.]