• Corpus ID: 107930765

Creative License: The Law and Culture of Digital Sampling

  title={Creative License: The Law and Culture of Digital Sampling},
  author={Kembrew Mcleod and Peter DiCola},
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… 
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Digital sampling, wherein excerpts from pre-existing recordings are incorporated into a new recording, has been a vibrant and innovative manner of artistic creation since the 1960s. However, this