Comments on: Biz Markie gets the copyright smackdown http://www.ethanhein.com/wp/2009/biz-markie-gets-the-copyright-smackdown/ Music, Technology, Evolution Sun, 13 May 2012 15:00:42 +0000 hourly 1 http://wordpress.org/?v=3.3.2 By: Tyga Recalled, Jay Z and Kanye West Settle: Hip Hop and the Sampling Dilemma http://www.ethanhein.com/wp/2009/biz-markie-gets-the-copyright-smackdown/#comment-8632 Tyga Recalled, Jay Z and Kanye West Settle: Hip Hop and the Sampling Dilemma Sun, 15 Apr 2012 06:54:01 +0000 http://www.ethanhein.com/wp/?p=1291#comment-8632 [...] sample at all. While this option saves the expense of preclearance and litigation, it also has a chilling effect on creativity and undermines the Constitutional principle behind copyright law, which is to promote [...] [...] sample at all. While this option saves the expense of preclearance and litigation, it also has a chilling effect on creativity and undermines the Constitutional principle behind copyright law, which is to promote [...]

]]> By: American University Intellectual Property Brief » Tyga Recalled, Jay Z and Kanye West Settle: Hip Hop and the Sampling Dilemma http://www.ethanhein.com/wp/2009/biz-markie-gets-the-copyright-smackdown/#comment-8519 American University Intellectual Property Brief » Tyga Recalled, Jay Z and Kanye West Settle: Hip Hop and the Sampling Dilemma Tue, 20 Mar 2012 04:03:30 +0000 http://www.ethanhein.com/wp/?p=1291#comment-8519 [...] sample at all. While this option saves the expense of preclearance and litigation, it also has a chilling effect on creativity and undermines the Constitutional principle behind copyright law, which is to promote [...] [...] sample at all. While this option saves the expense of preclearance and litigation, it also has a chilling effect on creativity and undermines the Constitutional principle behind copyright law, which is to promote [...]

]]> By: Anonymous http://www.ethanhein.com/wp/2009/biz-markie-gets-the-copyright-smackdown/#comment-7472 Anonymous Thu, 08 Sep 2011 03:54:00 +0000 http://www.ethanhein.com/wp/?p=1291#comment-7472 Not just me! Millions of hip-hop fans the world over. Every remotely creative musician I know either makes sample-based music that they can't sell, or risks legal sanctions by going ahead and selling it anyway, or just experiences frustration at feeling like they can't explore this avenue commercially. I'm in favor of copyright insofar as it motivates the creation of new work and takes reasonable measures to make sure creators get paid. Right now copyright law does a lot more inhibiting of new work than promoting it; mostly the law just encourages rent-seeking. I'd be in favor of a compulsory licensing system for samples similar to the one that exists for cover songs. Copyright holders would get a reasonable fee but sampling musicians wouldn't have to negotiate each individual usage. Not just me! Millions of hip-hop fans the world over.

Every remotely creative musician I know either makes sample-based music that they can’t sell, or risks legal sanctions by going ahead and selling it anyway, or just experiences frustration at feeling like they can’t explore this avenue commercially. I’m in favor of copyright insofar as it motivates the creation of new work and takes reasonable measures to make sure creators get paid. Right now copyright law does a lot more inhibiting of new work than promoting it; mostly the law just encourages rent-seeking. I’d be in favor of a compulsory licensing system for samples similar to the one that exists for cover songs. Copyright holders would get a reasonable fee but sampling musicians wouldn’t have to negotiate each individual usage.

]]> By: Pay 'em if you steal 'em http://www.ethanhein.com/wp/2009/biz-markie-gets-the-copyright-smackdown/#comment-7456 Pay 'em if you steal 'em Mon, 05 Sep 2011 18:47:00 +0000 http://www.ethanhein.com/wp/?p=1291#comment-7456 YOU value Biz Markie's (stolen) music more than Gilbert O'Sullivan's, so that makes our copyright system broken.  Yeah... YOU value Biz Markie’s (stolen) music more than Gilbert O’Sullivan’s, so that makes our copyright system broken.  Yeah…

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