You wrote:
quoted 15 lines I view the sample like a quote from another example of the same thing,
>I view the sample like a quote from another example of the same thing,
>piece of music, text whatever...
>
>In academic writing and in publishing there are legal and professional
>standards that give order to the process of quoting that generally
>ensure that the reader is able to be aware when the content is from
>another place, what that place is, when it originated and who
>originated it.
>
>As far as I understand no money changes hands in this process of
>acknowledgement and recognition of prior work by a peer.
>
>Could this not work in music?
>
>Alan
This all sounds very reasonable, and reasonable artists seem ordinarily not
to sue people for such reasonable use. The problem is that (even for the
purposes of academic research and publication) copyright law treats art,
music, and poetry differently than ordinary prose. For ordinary prose,
written permission of the copyright holder is required only for extended
quotes and the reproduction of figures (artwork, charts, etc). Shorter
quotes are covered under fair use. Unfortunately (or fortunately depending
on your point of view) works of art, music, and poetry are protected by
stricter copyright laws that require written permission for the reproduction
of even a segment or phrase. For the more practically minded, my
understanding is that penalties for copyright violation are generally
limited to recovering appropriate portions of the profits or royalties
received on the new work -- which is of course not much for what a lot of us
do. But anyway, seems to me, the bottom line is that everyone's definition
of reasonable sampling differs and there are going to be some artists
(labels, agents, etc) who are petty and willing to take extremes to protect
their "intellectual property" just as there are some artists who are going
to sample so much of a given work that we end up questioning whether or not
they have added anything of value to it.
Rick
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