Creative Licence: The Law and Culture of Digital Sampling

摘要

Mix, mash-up and remake: this is the basic formula for music sampling. It is a latter-day extension of the folk process whereby a tune is borrowed and reapplied, lyrical motifs are passed on, or narrative structures are borrowed and adapted, as well as the same song or tune being creatively modified as it passes from person to person. Part of the extension involves cross-genre rejoins, which makes the music far more varied: a patchwork of different styles and idioms. It is still old wine in new bottles. And here's the almighty snag: music copyright. Sampling can be taken as infringement of copyright and an illegal activity. It all depends on the context, on how what is done is interpreted, whether in respect of the legal proprieties of intellectual property, or in respect of fair use doctrine.