[…] The suit doesn’t surprise Kembrew McLeod, associate professor of communication studies at the University of Iowa, and co-author, with economist and researcher Peter DiCola, of the book “Creative License: The Law and Culture of Digital Sampling.” “‘Paul’s Boutique’ and other albums of that era are like ticking legal time bombs,” says McLeod, who also co-produced the acclaimed documentary “Copyright Criminals.” “For instance, in 2005, Run DMC was sued by the Knack for using ‘My Sharona’ for its song ‘It’s Tricky.’ And they were sued 20 years after the fact.” read more

[…] McLeod and DiCola believe that people, not corporate entities define society and that even wonderfully radical art or technology is still beholden to that society. They supplement this sentiment with a proposal to reform sample clearance laws, under which artists are free to sample within reason, and rights holders can pay a fee to a third, possibly governmental, party to stop the sampling artist. It’s an interesting idea that requires all parties to create a shared perspective on the new digital reality. But given the political dimension of our society’s inability to be proactive about anything, their proposal is largely an academic exercise. read more

New York has made the cover of plenty of albums, from The Freewheelin’ Bob Dylan (161 W. Fourth St.) to Led Zeppelin’s Physical Graffiti (96 St. Mark’s Place) to the first New York Dolls album (131 Second Ave.). The corner of Rivington and Ludlow is home to another: Paul’s Boutique, the landmark 1989 album by the Beastie Boys.

“Creative License” is recommended not just for music geeks or music business geeks, but for anyone interested in law, the arts or both. Well written and treated with care, McLeod and DiCola’s work should be read on college campuses around the country.

At first glance, you might think that Creative License: The Law and Culture of Digital Sampling is only for certain types of musicians, or for attorneys specializing in copyright and intellectual property law. You might also think, based on the title and the fact that digital sampling has been a part of popular music for several decades now, that the book is a little late to the game. Fortunately, neither of these impressions is accurate. read more