Just a Sample Can’t Be So Bad: Adopting the De Minimus Standard for Sampling Music in the Modern Era

Jan. 29, 2024—By Paul Gerstle Sampling has long been a popular medium by which artists can express themselves by borrowing bits of another artist’s song for their own purposes. However, use of another artist’s work can cause legal issues. After all, the original song is the property of another, and the new artist cannot simply appropriate that...

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Copyright’s Lost Art of Substantial Similarity

Nov. 27, 2023—Sandra M. Aistars | 26 Vand. J. Ent. & Tech. L. 109 (2023) Three copyright doctrines focus more than any others on the contributions of authors to visual artworks: originality, substantial similarity, and fair use. Questions regarding the aesthetics of works of authorship filter into judicial determinations under each of these doctrines. This Article comments...

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