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Creative License – The Law and Culture of Digital Sampling

Autor Kembrew Mcleod, Peter Dicola
en Limba Engleză Paperback – 13 mar 2011
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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Specificații

ISBN-13: 9780822348757
ISBN-10: 0822348756
Pagini: 336
Dimensiuni: 156 x 215 x 22 mm
Greutate: 0.45 kg
Editura: MD – Duke University Press

Cuprins

Acknowledgments vii
Introduction 1
1. The Golden Age of Sampling 19
2. A Legal and Cultural History of Sound Collage 36
3. The Competing Interests in Sample Licensing 75
4. Sampling Lawsuits: Hip-Hop Goes to Court 128
5. The Sample Clearance System: How It Works (and How It Breaks Down) 148
6. Consequences for Creativity: An Assessment of the Sample Clearance System 187
7. Proposals for Reform 217
Conclusion 258
Appendix 1: Interviewee List 269
Appendix 2: Interview Questions 273
Notes 283
Bibliography 303
Index 313

Recenzii

????“Communication is much like a work of art—it is a process of copying, repeating, and varying what we hear. There is no originator or owner of that which shapes our very being, and Creative License demonstrates how placing restrictions on creative commentary can stifle our cultural development.” Vicki Bennett, aka People Like Us?????“The fact that a seemingly simplistic artistic notion—of collecting, meshing, and arranging previously recorded sounds—would eventually result in a sharp and comprehensive book, Creative License, and companion film, Copyright Criminals, is mind boggling. This study is a work of art in itself, so solid that it may leave no other choice but to be sampled as well.” Chuck D, co-founder of Public Enemy“Kembrew McLeod and Peter DiCola have written a masterful exploration of the complex creative, financial, and legal issues raised by digital sampling. Their book should be required reading for anyone with a serious interest in music copyright.”—Jessica Litman, author of Digital Copyright

Notă biografică


Descriere

Puts digital sampling into historical, cultural, and legal context