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Creative License:
A Conversation About Music, Sampling and Fair Use
Events Archives: Webcast | Podcast |

Photos by James Holland |
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Sampling is a music-making technique that incorporates a portion of a previously existing sound recording - sometimes in an altered form - into a new work. While sampling and mashups have become part of the musical lexicon - thanks in large part to the development of digital technologies that allow artists to splice, mix and mashup with relative ease - the practice remains contentious as it represents a creative use not historically considered by copyright law. Unlike recording a cover song, using samples of an existing piece of music to create a new musical work implicate not only the interests of the original composition's creators, but also the copyright holders of the sound recordings (usually the record label).
Over the past 20 years, guided largely by landmark court decisions such as Grand Upright and Bridgeport, an ad hoc sample license clearance process has developed through which samplers obtain permissions and negotiate licensing fees with copyright holders. While this clearance process has led to revenue for some artists whose work has been licensed and allows the original creator to say no to uses he/she may find objectionable, it remains a source of frustration for many sampling artists, who find it cumbersome, time-consuming, inefficient and expensive.
How can the law balance the interests of original artists and copyright
owners with those of new creators and a public hungry for sample-based
music? Girl Talk, who uses more than 300 uncleared samples of classic pop,
rock, hip-hop and R&B on his latest album Feed the Animals, has said in the press that he thinks his use of samples is a "fair use" and, therefore, do not need to be licensed. What would constitute "fair use" uses in this environment?
As part of a multi-part discussion series, Future of Music Coalition and media professor Kembrew McLeod (University of Iowa) will examine this issue at "Creative License: a Conversation About Music, Sampling and Fair Use" a panel discussion taking place at The Public Theater in New York City on Monday, October 6 at 6:00 PM.
Co-presented with the American Constitution Society for Law and Policy and The Copyright Society of the USA, this evening event will provide lawyers, musicians, advocates, academics and students with an opportunity to participate in a robust but balanced conversation about the legal and social challenges at the intersection of copyright, creativity and commerce.
register | apply for scholarship |
Schedule
6:00 PM - 7:00 PM
Cocktail Hour in the lobby of The Public Theater
7:00 PM - 7:20 PM
Conversation with Kembrew McLeod, documentary filmmaker, associate professor, University of Iowa and co-author of Creative License and producer Steve Stein (aka Steinski) of Sonic Boom
7:20 PM -
8:30 PM
Panel discussion about music, sampling and fair use with:
June M. Besek Executive Director, Kernochan Center for Law, Media and the Arts at Columbia Law School
El-P CEO/Owner, Definitive Jux Records
Peter Jaszi Faculty Director/Professor, American University
T.S. Monk Recording Artist, Bandleader, Composer, Educator
Moderated by Kembrew McLeod, documentary filmmaker, associate professor, University of Iowa and co-author of Creative License
register | apply for scholarship |
Building a Musicians' Middle Class
Eight years ago, Future of Music Coalition was conceived as an organization that would work to build structures to create a musicians' middle class. It was clear to us that, while the music industry has made a handful of artists very wealthy, the vast majority of musicians live gig-to-gig, unable to afford the basic protections and securities of life that allow them to continue making their art and, equally important, without a way to educate themselves to break out of this cycle.
Since our 2000 founding, we have focused on elements that would allow musicians to better participate in the issues that affect their livelihood: encouraging the development of digital distribution models that reduce costs and increase connections between musicians and their fans; examining new business models that create more equal partnerships between creators, labels and consumers; fighting against payola and media consolidation that reduce artists' chances of radio airplay; advocating for net neutrality provisions to ensure that all legal Internet traffic is treated equally; and helping musicians navigate the often-confusing world of health insurance coverage. We want musicians' labor to be valued, we want them to be compensated for their work, we want them to understand how the myriad laws and regulations affect them, and we want them to have access to basic health insurance and medical services.
About FMC Events
Since 2001, FMC has organized seven Policy Summits and two DC Policy Days in Washington, DC, each
bringing together a spectacular mixture of technologists, attorneys, musicians,
managers and industry leaders for discussions about the most compelling music/technology/policy
matters. In October 2006 we held our sixth annual Policy Summit in Montreal, Quebec in partnership with McGill University's Schulich School of Music and Pop Montreal where, over the course of three days, 120 panelists and 550 participants debated the issues that are emerging as music promotion and distribution moves to a global, digital platform. In September 2007, the Future of Music Policy Summit returned to Washington, DC. For updates about FMC events, subscribe to our newsletters.
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