tag:blogger.com,1999:blog-4513524515428334509.post4484053496204407..comments2024-03-26T10:41:35.852+00:00Comments on The 1709 Blog: Metall auf Metall II – The Curious Case of Free Use and SamplingMarie-Andree Weisshttp://www.blogger.com/profile/17125973798789498436noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-4513524515428334509.post-37130205931747569442011-10-18T07:40:09.906+01:002011-10-18T07:40:09.906+01:00Thanks for your comment, Andrew. I agree it is a v...Thanks for your comment, Andrew. I agree it is a very odd case indeed. There wouldn't even have been any session musicians who would have profited because the producer could have replicated the sound with a synthesizer. In any case, session musicians would profit more in principle if it were prohibited to sample 'complicated' bits instead of easily-replicated ones. In effect, what the BGH and OLG have done is introduce an originality requirement for neighbouring rights in reverse and through the back door - the mind boggles.<br /><br />Good point about the different fanbases. I think it is rarely a good outcome if a work is removed from circulation, especially if it does not interfere with commercial exploitation or moral integrity of the older work. I haven't given this much thought yet, but perhaps in such cases (and where there is no free use and the parties cannot agree to a licence fee) a model of damages for past and future uses (in other words something like a compulsory licence) would be a good idea?Monikahttps://www.blogger.com/profile/07787204585677803536noreply@blogger.comtag:blogger.com,1999:blog-4513524515428334509.post-76089438485800589172011-10-17T21:47:06.631+01:002011-10-17T21:47:06.631+01:00I'm always very interested when a sampling cas...I'm always very interested when a sampling case isn't just settled out of court, as it's an area of law that (anecdotally) seems to be short on case law and long on 'the bug guy wins'.<br /><br />Two things strike me as very odd about this case. Firstly, having listened to Sabrina Setlur on youtube and Kraftwerk on CD (yes, pirates do pay for physical products!), I see absolutely no overlap between the fanbase of the two acts, and very little relation between the two tracks. Nobody could conceivably decide not to buy Trans Europe Express because they bought Nur Mir instead (not the case with Planet Rock by Afrika Bambaataa and Soulsonic Force who famously sampled a much bigger slice of the album), and nor is anyone likely to buy TEE because they wanted to hear the original source of what is (after all) just a few metal clonks.<br /><br />Secondly, why does the law encourage soundalikes? Who (apart from session musicians) stands to benefit morally or financially from replacing a sample with a sound alike?Andrew Robinsonhttp://www.pirateparty.org.uknoreply@blogger.com