Free Sampling: Copyright Law’s Rigid Regime Won’t Work
By Rachel DeLetto
Rachel DeLetto, New York Law School class of 2009, won first place in the 2009 ASCAP Nathan Burkan Scholarship Competition for this article. We congratulate Rachel on her win.
The article first appeared in the New York State Bar Association’s Entertainment, Art and Sports Journal.
The first time I heard about Girl Talk all I knew were the facts: A Pittsburgh DJ with a cult following had just released for sale online a new album that contained songs he had composed on his laptop by digitally blending hundreds of unlicensed samples of contemporary Top 40 hits. Since courts have consistently seen sampling of sound recordings as ripping off the creative product of others, an act that is not looked upon favorably in the world of copyright law, my initial legal assessment was that this guy was about to be eaten alive by a mob of angry copyright holders.
To read more of this article, please download the full PDF below.