Musical copyright infringement and “sampling.”
The rules around sampling music have been mystifying musicians since the enactment of the Copyright Act of 1976. When you sample another artist`s music without obtaining their permission, you are infringing on the copyright to that work, no matter how big or small of a portion you actually use. Sampling in essence is when you include an element of a pre-existing recording by someone else in your composition. The sample can be anything that you have “sampled” from another track; a rhythm, a melody, a beat, vocals or speech, which you then manipulate, edit, chop up or loop to fit creativity within your work.
Discuss the difference between musical copyright infringement and“sampling.” Additionally, research the case between Marvin Gaye’s Estate, Robin Thicke, and Pharrell Williams, concerning the song “Blurred Lines” and discussthe court’s holding. Since the case was appealed to the 9th circuit, please include the arguments raised on appeal as well. In addition, include an example of a sampled song. Why was that sampled song not subject to litigation like “Blurred Lines?”