How did the Depression-era folk-song collector Alan
Lomax end up with a song-writing credit on Jay-Z's song
''Takeover''? Why doesn't Clyde Stubblefield, the
primary drummer on James Brown recordings from the late
1960s, including ''Funky Drummer'' and ''Cold Sweat,''
get paid for other musicians' frequent use of the beats
he performed on those songs? The music industry's
approach to digital samplingoincorporating snippets of
existing recordings into new onesoholds the answers.
Exploring the complexities and contradictions in how
samples are licensed, Kembrew McLeod and Peter DiCola
interviewed more than 100 musicians, managers, lawyers,
industry professionals, journalists, and scholars. Based
on those interviews, Creative License puts digital
sampling into historical, cultural, and legal context.
It describes hip-hop during its sample-heavy golden age
in the 1980s and early 1990s; the lawsuits that shaped
U.S. copyright law on sampling; and the labyrinthine
licensing process that musicians must now navigate. The
authors argue that the current system for licensing
samples is inefficient and limits creativity.For
instance, by estimating the present-day licensing fees
for the Beastie Boys' Paul's Boutique (1989) and Public
Enemy's Fear of a Black Planet (1990), two albums from
hip-hop's golden age, the authors show that neither
album would be commercially viable today. Observing that
the same dynamics that create problems for re-mixers
reverberate throughout all culture industries, the
authors conclude by examining ideas for reform. |
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