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Court Rules That All Musical Samples Must Be Paid For
by ophten at 6:12 pm EDT, Sep 8, 2004

On Tuesday a federal appeals court ruled that artists must pay for every musical sample in their work.

The ruling says artists must pay for not only large samples of another artist's work, but also snippets smaller notes, chords and beats that are not the artist's original composition which had previously been legal, according to The Associated Press.

Actual Court Ruling:
http://pacer.ca6.uscourts.gov/cgi-bin/getopn.pl?OPINION=04a0297p.06

RE: Court Rules That All Musical Samples Must Be Paid For
by Decius at 11:20 pm EDT, Sep 8, 2004

ophten wrote:
] On Tuesday a federal appeals court ruled that artists must pay
] for every musical sample in their work.
]

This is in conflict with Supreme Court rulings such as Roy Orbison vs. 2 Live Crew. It will likely be overturned on appeal.

MTV.com - News -Court Rules That All Musical Samples Must Be Paid For
by k at 6:37 pm EDT, Sep 8, 2004

] The ruling says artists must pay for not only large
] samples of another artist's work, but also snippets â
] smaller notes, chords and beats that are not the artist's
] original composition â which had previously been
] legal, according to The Associated Press.
]
] ...
]
] "Get a license or do not sample," the court said Tuesday.
] "We do not see this as stifling creativity in any
] significant way."

[ Unless you make rap, electronica or are a DJ, which we don't consider significant.

OTOH, having read the opinion, i'm not sure it's as bad as all that. I'm not a lawyer... maybe someone who is can follow up...

it's here : http://pacer.ca6.uscourts.gov/cgi-bin/getopn.pl?OPINION=04a0297p.06 -k]