MAC Week 1 - Post 3 - Response to a blog post by Terrance McNeil.

The below blog post is copied and reprinted from Terrance McNeil’s Blog and can be found at http://thescopetm.blogspot.com/2011/05/week-1-copyrights-sampling-and-fair-use.html?showComment=1304905296947#c4067979372835603219.

This is followed by my response to Terrance’s blog  post.

Friday, May 6, 2011

Week 1 Copyrights, Sampling and Fair Use

I think this is a great subject to include in this course and in the EMDT program in general. I am torn on the copyright issue of sampling. Having worked for hours producing music in the past I have gained a respect for hip hop production while at the same time losing respect for it. Having played musical instruments in the past I have great respect for musicians who compose and play original music. I do however take issue with a statement made in the Good Copy / Bad Copy. It was said that hip-hop producers are not creative. Although they have not created the music they sample, there is a very creative aspect to sampling. Are all samples creative? Absolutely not. The accessibility of sample based music creation tools has watered down the art form of sampling as created by the DJ. In the 1980’s innovative teens created the break beat. This was a highly creative form of music expression that grew from a love of music and a lack of resources. The turntable was the instrument. Sampling producers, although they are using rifts, bass lines and guitar patterns from other sources, those who are skilled can make phenomenal creations.

I believe what was not stated was how much of a passion these producers have for their craft (some of them) and that there is a certain amount of respect and tribute paid to the original artist who is sampled.

I don’t believe the future of music should depend on sampling. I believe if done to much it would eventually limit creative expression. Just as the music sampled was created I think musicians can and should find ways to push the music envelope forward. At the end of the day I side with the musician.

In looking at videos on copyright definition and fair use I am relieved that teaching is included in fair use. The “Disney video” produced a valid point about society’s need to stay progressive by referring at times to copyrighted material. I thought for a moment how life would be different if we did not have the ability to tap into great works previously created and reference these things for educational purposes.

I agree that fair use is about reasoning and logic. It takes the wise use of copyrighted materials to be able to use it in a way that respects the copyright owner.

It’s a scary thought to think that some of the most historical events recorded may not be available in the future because of royalties and unreasonable copyright protections. Something has to change about this. Certain materials should have a historical distinction that will allow for their use in order to preserve humanities legacy.

Posted by Terrance McNeil at 8:20 AM

@Terrance

I couldn’t agree with you more. While I have only done limited work with regards to hip hop or rap, I too have a great respect for the work that goes into creating it. I also agree with your stance on sampling. Often times more work and creativity goes into working with and remixing samples, than went into creating the original recordings off of which the samples are based. This is definitely an area of copyright law in which there needs to be greater freedoms in the copyright laws, and the fair use rules that accompany them.