Digital Sampling and Mashups: An Analysis of Current Copyright Law

1. Digital sampling & mashups
An analysis of current copyright law
Presentation by: Gabby Christensen

2. Copyright: “The engine of free expression”
Pivotal functions:
1) Protect the ownership an individual has to his or her
work
2) Guarantee that all works will eventually enter into the
public domain
3) The Copyright Act of 1790 first established the basis for
copyright (modeled after British Parliament’s copyright
statutory framework)

4. Fair Use vs. infringement
A fair use defense may be applicable depending on the
purpose, nature, amount and effect of the copyrighted work
*In the instance of Campbell v. Acuff-Rose Music (1994), the
Court determined it was applicable
Infringement occurs when evidence proves ownership of the
work and that it has been illegally copied

5. Copyright act Revisions/statute law
Copyright Act of 1976: encompassed all original works, aimed
to promote creativity
Copyright Term Extension Act of 1998: established a sense of
protection and encouraged artists to produce more work
*Eldred v. Ashcroft (2003): protected for life of author
plus 70 years
Digital Millennium Copyright Act (DMCA): passed after the
introduction to the digital age; protected intellectual
property and promoted electronic commerce

7. Recent case Law
Bridgeport Music, Inc. v. Dimension Films (2004)
Sound recording samples were used without permission in new
rap recordings; Bridgeport filed for infringement
Supreme Court ruled that obtaining a license is necessary
when one uses a portion of someone’s work
In contrast, in VMG Salsoul v. Ciccone (2016), the Court
ruled de minimis copying is not infringement
A number of District Courts have rejected the Bridgeport
decision and will not apply it in court

8. Digital
sampling
& mashups

9. Relevant Law reviews
Cox (2015) argued that current copyright law restricts
modern day samplers and that the Bridgeport decision set
back any advances made through the Campbell v. Acuff-Rose
Music (1994) case; offered some solutions for samplers (Ex.:
obtain a license)
Carpou (2016) insisted that some individuals could escape
liability if they comply with a notice-and-takedown
procedure by removing content; DMCA (1998)
Tutt (2014): “Writings, photos, videos, compositions, all
belong as much to the platform provider as the artist,
creator, or chronicler who set them down” (Tutt, 2014, p. 6)

10. These laws were not meant
to shackle artists,
but push them
To

11. The end