John Lindenbaum's article "Music Sampling and Copyright Law" explores the legal issues surrounding music sampling in the United States. Music sampling involves taking a portion of an existing song and using it in a new composition.
Lindenbaum begins by discussing the history of music sampling, which began in the 1970s with the rise of hip-hop music. He notes that many artists have used samples as a way to pay tribute to their musical predecessors and to create new and innovative sounds.
However, Lindenbaum also notes that music sampling has raised legal issues related to copyright infringement. Copyright law in the United States protects the original works of authors, including musical compositions. When an artist samples a portion of a song without permission, they may be infringing on the copyright of the original composer.
Lindenbaum discusses various legal cases related to music sampling, including the landmark case of Grand Upright Music, Ltd. v. Warner Bros. Records, Inc. In this case, the court ruled that the unauthorized sampling of Gilbert O'Sullivan's song "Alone Again (Naturally)" in rapper Biz Markie's song "Alone Again" constituted copyright infringement.
Lindenbaum also discusses the legal concept of fair use, which allows limited use of copyrighted material without permission for purposes such as criticism, commentary, news reporting, teaching, scholarship, or research. However, the courts have not always been consistent in their application of fair use to music sampling cases.
In conclusion, Lindenbaum argues that the legal issues surrounding music sampling are complex and require careful consideration. He suggests that a clearer legal framework is needed to balance the interests of both copyright holders and artists who wish to use sampling as a creative tool.
