Tuesday, February 7, 2012

My responses to the scholarly article NPR story and NY Times article

  The scholarly article discusses many legal citations in the discourse of digital sampling. I basically could write for an infinity on the subject. This is the first case to be decided on the subject of sampling and copyright. This is a brief snippet of this article in which I quoted that basically summaries the main point of this particular article. Acuff-Rose Music Inc. v. Campbell . The holders of the copyright of Roy Orbison's 'Oh Pretty Women' enjoined Luther Campbell of the rap group 2 Live Crew for their use of a sample in the song 'Pretty Woman' from the album As Clean As They Wanna Be. Acuff-Rose Music denied 2 Live Crew's management the license request to parody the Orbison song and sued Luther Campbell and 2 Live Crew record company, Luke Skyywalker Records, after the release of 'Pretty Women' for copyright infringement and two tort claims of interference with business relations and perspective business advantage. The defendants argued that their use of 'Oh, Pretty Woman' was a parody and was therefore protected as fair use under 17USC,s.107 of the Copyright Act (754 F.Supp. at1152). This is what happened in the end   but Congress listed parody as one of the purposes of fair use which might be granted and common law traditionally allowed this. So the article discusses with much debate with cases that are similar in nature.This leads to much my next discussion of the NPR article. In the NPR article Ira Flatow interviewed Flora Lichtman who demonstrated how easy it was to sample a song. We next here the soundbite of the song "Funky Drummer". She tells Flatow, "That's it, the drumbeat. It's one of the most sampled songs in history. In the interview Flatow makes a point to Professor McLeod where you create a system similar to iTunes where you just have little bits of these snippets for sale and the original producers of the music would be compensated that way its fair all across the board. This would be my response to stop digital  musical sampling. Similar to digital sampling is the article , "Plagiarism Blurs the Lines". Cutting and pasting text is similar if not like sampling because it is copying another persons work to use for someones benefit. This again is because of this Internet age which digital technology makes copying and pasting easy. It all boils down to ethos, pathos, and logo's from my point of view. Both sampling and Plagiarism will continue to be much debated topics.

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