Sampling goes far back to the 1940s and 50s when Frenchman Pierre Schaeffer used standard phonograph players and disc cutting equipment to act compositions called “musique concrete” (see Sykes 3). Early in the 1950s as technology advanced with magnetic tape recorders more people copied Schaeffer’s technique however the “musique concrete” did not surprise on in with the mainstream (see Sykes 3). During the 1960s in Jamaica “disc jockeys mixed portions of preexisting recordings into new compositions and overlaid the instrumental music with chanted vocals” (Sykes 3).
Sampling evolved in the United States during the late 1970s when tapes were created making it cheap and easy to record other music with these tape cassettes (see Scherman 1). “A sampler converts sound into digital data enabling its user to lift a musical sequence from one recording and displace it into another” (Scherman 1). With this new tool rappers like Afrika Bambaataa. Grandmaster Flash and Kool DJ Herc were able to produce beats and sounds as background for their lyrics and rapping (see Sykes 3). As technology improved the sampling started to evolve the impact of the personal computer helped musicians create new techniques such as “looping,” which means taking a few seconds of a song and playing it repeatedly as a background beat (see Kaplicer 1). When these sampled songs started to hit the mainstream music industry many legal questions about copyright started to arise (see Sykes 3).
Famous music artists Kanye West is up for eight Grammy nominations this February. West has sampled older songs in the accent of his rapping for example his hit song “Stronger,” samples their 2001 song “Harder. Better. Faster. Stronger” by the music duo Daft Punk (see Cohen 1). For West it was probably easy to gain permission to sample Daft Punk’s music because their music will be more popular if West feels it is good enough for to consume. This is not always the case and later I will show examples of artists taking each other to court over copyright violations. Under the Copyright Act of 1976. West would have to go through many steps in order to legally consume the song. Gaining permission is one go and sometimes it is a step that samplers will not take.
The Copyright Act of 1976 is the statue that is in place for digital sampling it deals with four main issues (see Kravis 3). “What qualifies for procure.
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Related article:
http://games491legal.blogspot.com/2007/12/final-paper-digital-sampling.html
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