Monday, May 27, 2013
Music Business/Law Tips - "Sampling Defense"
Although its always advisable to gain permission from copyright owners before sampling their music since in general even taking small snippets can be considered infringement, there are a few possible arguable defenses for not having to clear a sample. One would be "fair use", where the copying serves some sort of benefit to the public (such as education, criticism, parody or satire). The other would be "de minimus", where the copying is so tiny one could never tell the original source of the music. Again, these defenses are just that and they may not fly - especially if the sampler is making money off of someone else's work. Ben McLane Esq benmclane.com