Weekend Update
Sorry for the late/short post. Work has been alternately frustrating and infuriating. Sometimes I feel like I work with fourteen year old boys. Remember when you were fourteen and you thought it was really cool to answer questions in the most limited way possible and not to share information that you know is important? Yeah, that's what work today is like.
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I know Catchdubs will think I'm a total asshat, but I am finding myself in agreement with a recent federal appellate court decision, which held that there is no de minimis exception for copyright violations of a sound recording.
While I'm not prepared to mount an extensive defense of my position, suffice it to say that the benefits of a bright-line test and the following key points assuage my fears that the ruling will not kill hip hop:
Artists who wish to sample can obtain a compulsory license for the sampled material
A de minimis standard exists for infringement of a song copyright (as opposed to the sound recording). Therefore, artists are free to quote other performances without fear of infringment
If I read the opinion correctly, sound recordings made before 1971 are not copyrighted.
As a practical matter, I think this will encourage sampling artists either to mine pre-1971 material or to dig even deeper into crates for material so obscure that the copyright holder cannot be identified. From here on out, any lazy artist caught sampling Diana Ross (I'm looking at you, P. Diddy) gets what he deserves.
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The team rode at Tamarancho on Saturday, and, as usual, someone got hurt. At least this time it wasn't me. Coach Aaron got a nasty arm and head bruise when he handcuffed himself between two trees. Needless to say we didn't do a second loop.
Sunday was more swimming in Novato. I really shouldn't have done chest and triceps on Saturday afternoon....
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Bonus/Embarrassing Find of the Week:
My car has heated seats. I've owned this car since November 30, 2000, and I only just now figured that out. I could have sworn the car didn't come with the Cold Weather Package.
-----------------------------------
I know Catchdubs will think I'm a total asshat, but I am finding myself in agreement with a recent federal appellate court decision, which held that there is no de minimis exception for copyright violations of a sound recording.
While I'm not prepared to mount an extensive defense of my position, suffice it to say that the benefits of a bright-line test and the following key points assuage my fears that the ruling will not kill hip hop:
As a practical matter, I think this will encourage sampling artists either to mine pre-1971 material or to dig even deeper into crates for material so obscure that the copyright holder cannot be identified. From here on out, any lazy artist caught sampling Diana Ross (I'm looking at you, P. Diddy) gets what he deserves.
-----------------------------------
The team rode at Tamarancho on Saturday, and, as usual, someone got hurt. At least this time it wasn't me. Coach Aaron got a nasty arm and head bruise when he handcuffed himself between two trees. Needless to say we didn't do a second loop.
Sunday was more swimming in Novato. I really shouldn't have done chest and triceps on Saturday afternoon....
-----------------------------------
Bonus/Embarrassing Find of the Week:
My car has heated seats. I've owned this car since November 30, 2000, and I only just now figured that out. I could have sworn the car didn't come with the Cold Weather Package.
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