Creative License: The Law and Culture of Digital Sampling

Creative License: The Law and Culture of Digital Sampling provides a comprehensive, interdisiplinary look at the issues at the intersection of culture, creativity, compensation and technology. Co-authored by Kembrew McLeod and Peter DiCola, with contributions by Jenny Toomey and Kristin Thomson, the book includes interviews with over one hundred stakeholders in the sampling culture — from samplers, to attorneys, to license clearance experts, managers and record label owners. It examines the analog history of sampling, bringing an informed economic and legal analysis of the sample license clearance process in line with how the system works. In the final chapters, the authors examine a handful of proposals that would streamline the licensing process, but each “solution” has its own costs. Is it possible for society to achieve a balance that allows creativity to flourish but also fairly compensates original creators?

Creative License will be published by Duke University Press in 2011.

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