How music samples communities impacts in copyrights lawsuits

Updated May 31, 2023.

 

The practice of sampling is especially pervasive in music culture. It consists of in taking a small part of a song and mixing it with another one, creating a new music, but still in a way that is often possible to identify the sharp influence of the music originally embodied.

 

The practice of sampling is especially pervasive in music culture. It consists of taking a small part of a song and mixing it with another one, creating new music. However, this often leads to copyright infringement issues as the samples are usually not cleared by the original artists.

 

In recent years hip-hop artists have been finding challenges in their own community of fans. The cultural practice of the sample is identified by the fans of these artists themselves and who are dedicated to identifying the songs originally mixed, which leads them to share their knowledge in comment sessions of specialized blogs, on Youtube, collections such as “WhoSampleWho” and social networks in general. This type of content is like a treasure hunt for copyright lawyers.

 

 

In recent years, hip-hop artists have faced challenges within their own fan community. Fans dedicated to identifying the songs that were originally sampled share their knowledge in comment sections of specialized blogs, YouTube, and social networks. Platforms like “WhoSampleWho” serve as treasure hunts for copyright lawyers.

 

Interestingly, the well-meaning engagement of fans has unintentionally discouraged artists from using uncleared samples. The increased publicity surrounding the tracks has made it easier to identify the artists involved, leading to a rise in copyright infringement lawsuits.

 

It is true that a legal process of sampling, guided by specialized lawyers, can benefit both parties involved; the artist who wishes to produce a sample and the original artist whose work is being sampled.

Author: Ana Luiza Pires, Cesar Peduti and Thaís de Kássia Almeida Penteado, Peduti Advogados.

Source: Sample Snitching: How Online Fan Chatter Can Create Legal Trouble for Rap Producers

“If you want to learn more about this topic, contact the author or the managing partner, Dr. Cesar Peduti Filho.”

“Se quiser saber mais sobre este tema, contate o autor ou o Dr. Cesar Peduti Filho.”