It’s past time to legalize sampling. Here’s how to do it.
, in which a jury determined that one song infringed on another without the two sharing any melody, harmony, or lyrics, but rather a vague rhythmic “feel.”, on the other hand, has with only rare exception been impugned as intellectual larceny. “Thou shalt not steal” was the lead sentence of federal Judge Kevin Duffy’s 1991 opinion on the.
A few details would have to be decided: Is there a length of sample that’s too brief to license, like a drum hit? A length that’s too long? Could musicians, like drummers, who received no songwriting credit nor an ownership stake in the original recordings, finally get some? In the age of Shazam, when anyone has the power to detect the digital fingerprint of sound, we certainly possess the technological means to untangle any composition.
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