Composed by Chuck D/Eric "Vietnam" Sadler/Hank Shocklee
Performed by Public Enemy
Recorded on It Takes a Nation of Millions to Hold Us Back (1988, Def Jam)
Technology now exists that allows anyone to cheaply and easily recycle pieces of our cultural fabric -- music, television programs, movies, characters and so on -- into new creations. The practice of "sampling" involves taking a part of a record, usually an isolated track or distinctive beat, and spinning it into a live performance or remixing it in a new sound recording. But the debate goes back much further than the digital era. We'll explore its origins in early copyright infringement cases, and its evolution to today.
Lucky for you, I've sorted out a few of these that we'll focus on during class. And of these, there are two you might want to pay extra-special attention to. The first is Grand Upright Music Ltd. v. Warner Brothers Records, Inc.. You know the defendant is in for a rough ride when the judge cites the Bible: "Thou shalt not steal!" The other is Bright Tunes Music v. Harrisongs Music, in which George Harrison was found to be a plagiarist. Wow.
Those cases will give you a sense of the sort of issues we'll address when we cover the topic of sampling. Other cases that you may want to read include: Arnstein v. Porter, which established the 2-prong test for determining infringement; Three Boys Music Corp. v. Bolton, which I point out because of the way damages were apportioned among the rights holders involved in the case; Hawkes & Son (London) Ltd. v. Paramount Film Service Ltd., which shows how issues are similarly resolved outside of the U.S. and with respect to different genres of music; and finally Selle v. Gibb, just so we can make fun of Travolta's outfit in Saturday Night Fever. Two other cases effectively highlight the difference between sampling and clearing rights in the underlying composition versus the sound recording. See what I mean by glancing at Newton v. Diamond, a case against the Beastie Boys for failing to clear composition rights for their sampling on Pass the Mic, and Bridgeport Music v. Dimension Films, which involved a beef between the owners of a George Clinton sound recording and the makers of a film starring rappers NWA.
If you want to dig deeper into this topic, I can recommend a number of audio podcasts, films and short videos or books. During class, we're going to study the segments of the film, "Copyright Criminals." Download and print this handout package before class, so you're prepared to take notes.
Have you ever listened to Alan Cross' Ongoing History of New Music? He's done a couple of interesting shows on sampling, including one on "The Tricky Issue of Sampling," one about "Sourcing Samples," and "The History of Mash-ups." Sadly, my links to these recordings went dead, and despite my best efforts, I just can't find them online anymore. (Tell me if you can!) This NPR story, "Digital Music Sampling: Creativity or Criminality," isn't as engaging, but is interesting nevertheless.
Online video coverage of this topic has changed a lot over the years, but the main message seems to stay the same.
Much more recently, here's how the Economist covered the issue with a story about the "Amen break." If you prefer to watch, not read, check out this 20-minute video.
Ok. All that's easily enough to launch us into our class on this topic. See you there!
