There have been calls to reform copyright law in order to clarify and explicitly allow transformative sampling as a tribute to MCA (AKA Adam Yauch). The Beastie Boys were one of the bands who used sampling to brilliant effect in the 1980s to create music that sounded fresh and vibrant. The music they made at that time is part of the emotional fabric of New York City and gave hip hop a huge foot to the fundament.
In a case of extremely poor timing the label Tuf America filed a lawsuit against the Beastie Boys and Capitol Records for samples used on Licensed To Ill and Paul’s Boutique the day before MCA's death from cancer. Perhaps that was poor luck for them. It doesn't look good to sue a dying man.
There are some particularly troubling aspects of the case. A great deal of the legal argument used by Tuf America is based on case law that has come into effect in the 25 years since Licensed To Ill was released. If the act was legal when committed how can the Beasties be held to account now?
The samples in question may have been used to create some great music, but has their use really hurt the artists who made the original records?
A second troubling issue is Tuf America say they did a thorough sound analysis of the tracks they allege are infringing their rights. If this is required surely the works in question are transformative.
Building on past work has been part of musical culture since there has been a musical culture. Now we find ourselves in a situation where litigation is (potentially) strangling culture and creativity. Copyright should be encouraging and rewarding creativity and innovation not holding it back.
There should be a simple solution moving forward. Perhaps a system of explicit attribution for samples would fortify and strengthen musical culture. Building a clear sharing culture would be a great tribute to Mr Yauch and allow future generations of musicians to make some great music unencumbered by fear and worry that they will be set upon by corporate vultures.
via Leigh Beadon at Techdirt