Monday, October 5, 2009

Scratch That: The Sample License Clearance and Artists Compensation

Kembrew McCloud:

4 categories for reform proposals (these are things to consider)

1. enhanced property rights
no such thing as a diminimus use (using a little bit) for sound recordings set in the Bridgeport decision
"creating a lean, mean licensing machine"

2. cover songs, just pay the set rate, no negotiation with copyright holder; want to create a similar system for sampling
can't say no, can't negotiate rate

3. non infringing uses\
tiny samples and fair use, Bridgeport did not discard fair use

4. innovations in voluntary licensing
Creative Commons "Basically creates a lawyer free zone"
creating an ASCAP or BMI for clearances
creating a database of contacts for clearances

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