Tuesday, February 7, 2012

Rhetorical Précis on "Digatal Sampling of Music and Copyrights..."

In "Digital Sampling of Music and Copyrights: is it infringement, fair use, or should we just flip a coin?" (December 2011) by Christopher C. Collie and Eric D. Gorman, the authors assert that, regardless of dispute over the legality of music sampling, a compromise should be attained between the music producers being sampled and budding artists in order to not stifle creativity or industry, tactfully weaving in a history of related court cases and a hypothetical example based on the works of a real artist recently affected by the issue.  Collie and Gorman begin by giving a light overview on the issues at hand, including the actual text behind the laws of copyright, distinguishing the difference between the copyright to a musical composition and the copyright of recorded works, and then describing fair use and how its legal use has been involved in court cases before the sampling issue; then they give a list of court cases--some between a company hosting a misspelled title for an mp3, and another between the band The Beastie Boys and a recording company they sampled from--and a legal proposal on how to peacefully resolve the issue, followed by a breakdown of how a court case might go with a hypothetical common artist both with and without their proposal being accepted.  They strive to end the dispute between companies that own copyrights and those artists who are trying to breathe new life into older works without siding with one group or the other, taking the approach of a subjective view with a balanced sense of justice and equality, trying to appease both the record companies and the artists while still ending the fiasco once and for all.  Their intended audience is most likely a wide range of people who take a particular interest in this matter, since they took a common, popular issue and wrote about it in a professional and scholarly way, trying to set a new standard by both adressing and resolving the issue peacefully.

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