How did the Depression-era folk-song collector Alan Lomax end up
with a songwriting credit on Jay-Z’s song “Takeover”? Why
doesn’t Clyde Stubblefield, the primary drummer on James Brown
recordings from the late 1960s such as “Funky Drummer” and
“Cold Sweat,” get paid for other musicians’ frequent use of
the beats he performed on those songs? The music industry’s
approach to digital sampling—the act of incorporating snippets of
existing recordings into new ones—holds the answers. Exploring
the complexities and contradictions in how samples are licensed,
Kembrew McLeod and Peter DiCola interviewed more than 100
musicians, managers, lawyers, industry professionals, journalists,
and scholars. Based on those interviews, Creative License puts
digital sampling into historical, cultural, and legal context. It
describes hip-hop during its sample-heavy golden age in the 1980s
and early 1990s, the lawsuits that shaped U.S. copyright law on
sampling, and the labyrinthine licensing process that musicians
must now navigate. The authors argue that the current system for
licensing samples is inefficient and limits creativity. For
instance, by estimating the present-day licensing fees for the
Beastie Boys’ Paul’s Boutique (1989) and Public Enemy’s Fear
of a Black Planet (1990), two albums from hip-hop’s golden age,
the authors show that neither album could be released commercially
today. Observing that the same dynamics that create problems for
remixers now reverberate throughout all culture industries, the
authors conclude by examining ideas for reform.Interviewees include
David Byrne, Cee Lo Green, George Clinton, De La Soul, DJ Premier,
DJ Qbert, Eclectic Method, El-P, Girl Talk, Matmos, Mix Master
Mike, Negativland, Public Enemy, RZA, Clyde Stubblefield, T.S.
Monk.
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