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Re: [exs] Re: Copyrights

2002-02-13 by PersingEP@aol.com

Alvaro,

I'd like to shed some light on some of the claims you are making. Even though 
you're DJ'ing and you hear a lot of samples on records doesn't mean that they 
haven't been cleared or that no one is getting caught. That is usually often 
kept private. Things have changed ALOT in the record industry regarding 
samples in the last ten years. There are now many lawyers who are also DJs 
who specialize in Hip-Hop lawsuits.....it is a very lucrative field if you 
are a copyright attorney and you can "trainspot". There are tons of lawsuits, 
and payouts going on all the time over samples....you just don't hear about 
it as much in the news, because most of the time it doesn't actually go to 
court. The parties usually settle out of court. Every label has a staff of 
people that check out the new releases (big and small) to look for samples 
and lifts from their catalog. Sample clearance and licensing is a big 
business. Hip-hop records make a lot of money too, and since there isn't 
usually a big recording cost or a lot of live musicians, most of the 
traditional recording budget now goes into sample clearance. The legal issues 
surrounding sampling have even changed the sound of Hip-Hop...now there are 
less samples and loops used and more programmed beats and synth stuff, which 
is a direct result of artists, producers and labels not wanting to get sued 
or pay all their royalties/recording budget in sample clearance. It has 
actually altered the sound of the music.

That's my experience based on the cases I've been involved in, discussions 
with our copyright attorneys, and working with numerous hip-hop artists and 
producers.

-EP

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