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Florlyn Beasley
ENGL 101 CRA/CZA
Prof. S. R. Briggs
February 21, 2015
Copyright Law to the Rescue

Filmmakers Benjamin Franzen and Kembrew McLeod created the documentary film,
Copyright Criminals, to discuss the argument between copyright law and the use music
sampling. The creators of the film are focusing on copyright infringement. One point being
examined is music sampling; sampling allows one artist to take segments of another artists work
to use as their own, this process known as crate digging or beat mining. Another point being
examined is artist ownership because of the same music being used by more than one artist. This
becomes a concern for artists and the music industry based on who should be credited and
compensated. Therefore, copyright laws protect the artist.
In the early 1970s, New York City school funding was cut leaving no money for art,
music, and recreation. Block parties became a form of artistic expression and entertainment as a
replacement. People would rap (spoken word poetry that has rhythm and rhyme), while DJs
would play beats (samples and segments of hit songs) on a turntable. This genre of music became
known as Hip Hop and grew into its own culture of rapping, music, fashion and slang. As the
popularity of Hip Hop grew and technology advanced, music producers began using sampled
segments of hit songs in their recordings instead of live bands as normal. The rapid rise in
attention and increase usage of sampling forced the change in copyright law in 1976 to provide
more protection of artists rights.

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One way that copyright law protects the artist is by limiting the infringement of sampling.
According to Jeff Chang Co-Founder of Sole Sides Record, digital samplers allows you to take
a snatch of a record or sound and turn it into a building block for a song. The reason this is
important is with advances in digital technology an artist can collect an unlimited amount of
samples of songs. These songs can be the hit songs of all times. The impact of doing this is that
there are rules that you cant take someone elses work put your name on it and call it yours. In
addition, entertainment lawyer Anthony Berman explains the view on the traditional was its a
lazy way of songwriting. The reason this is important is the new artists creativity is dependent
on other artists work. The impact of this could be the possibility of legal action being taken
against you. An artist would need to pay the cost clearing rights for the use of all sounds
contained in the song.
Another way copyright law protects the artist against infringement is by determining
ownership. Ken Freundlich entertainment lawyers said, its like I cant walk into your house sit
down on your couch go to your refrigerator and take a glass of milk out, you need permission.
The reason this is important is the artist who created the song has the right to say what can be
done to and with it. This will impact the original artist receiving credit for creative labor (what it
was to bring the artist to make the song). In addition, Matt Black of Coldcut says that what you
are listening to has its own importance and qualities. The reason this is important is the original
artist has an established emotional connection with the listener that can transport that listener
back to a specific moment or experience. The impact of this is the new artist can gain a
connection with the listener based on the original artists labor without any of the creative cost
and without compensation to the owner of the song.

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Hip Hop has forced changes in the copyright law since its beginning in the early 1970s.
The changes include provisions such as exclusive rights, intellectual property, fair use and term
of protection. Crate digging, beat mining and sampling are considered infringement on exclusive
rights of intellectual property and ownership and compensation are being determined under fair
use and term of protection. The investigations into copyright infringement became so in depth
that they created a new industry called sampling clearance. Through sample clearances, the
copyright law protects the authors, producers, copyright holders, and artists by limiting the use of
unauthorized sampling and determines who should receive credit and compensation. New artists
can continue to be creative if they follow the rules.
Copyright Criminals. Franzen, Benjamin and Kembrew Mcleod: Independent Television
Services, 2009. DVD

Audience
Artists and producers would be certainly be interested in this essay because the copyright law
would effect their ability to be creative. Entertainment lawyers and record companies
would share a common concern when the legal cases could possibly benefit them. But most of
all the fans of Hip Hop would have the greatest interest in this essay because the copyright law
would effect the music that they listen to by what artist and producers can make.