1. Sampling in Music

2. How Do We Sample?

3. McLeod Suzanne Vega Clyde Stubblefield George Clinton “Walk This Way”
“The Takeover” and Alan Lomax

4. Pay and Permission A work with a sample is usually a derivative work
Master use license
Obtain from record label and/or recording artist or whoever owns the “master” recording copyright
Remix clause in most recording contracts (moral?)
Up front fee and running royalties
Mechanical license
Obtain from publisher/composer/songwriter
They collect a % of publishing royalties (25%- 100%) on new work; running royalty

5. PROs and Trade Organizations
RIAA: protect IP, lobby, research, certification for recording industry Big 4
MPAA: protect IP, lobby, research, film rating for film for Big 6 studios
ASCAP: collect performance license fees; royalties
BMI: collect performance license fees; royalties
SESAC: collect performance license fees; royalties
SoundExchange: PRO for performance and sound recordings for digital performances
Sample Clearance services

6. Defenses? Fair Use: P&C, Nature, Qual/Quant, Harm
De minimis: copying is so small is doesn't warrant a fair use analysis
You can't say “I tried to license,” “they didn't respond,” etc. LICENSE or its infringement
“Lay audience”: would members of an audience of regular people recognize the original work in the new work.

7. Different Uses?
Transformation or transformative use: adds to the original work in a way; a progression or leap forward that benefits public
Create new meaning or new expression
Derivative: translation, adaptation, etc.
Uses an original work w/out building upon it
Transformative uses are likely “fairer” uses in court because they directly critique/build upon the sampled work instead of using it verbatim

8. Interpolation
Pay compulsory mechanical, perform song, and sample performance