The Autodesk case makes sampling legal

David Heath
Saturday, 24 May 2008 18:21

Business IT - Technology

RIAA / MPAA have always licensed their material to any and every purchaser – this means that they retain full control over re-use.  Not any more.

For the various vendors of recorded material (RIAA, MPAA, MPA etc), the ability to license and control derivatives has been critical to both their business model and their revenue stream.  Not to mention the ability to deny resale (although we have always done it!).

Let me pose a question (and it’s one that is absolutely core to Lessig’s book “Free Culture” ).  If I’m familiar with, for example, Edvard Munch’s “The Scream” and choose to create a derivative work, no-one complains.  In fact I’m probably applauded for my ingenuity.

However, if I ‘sample’ a song and use it as part of another, I’m basically screwed.  For a classic example of this, read the amazing story of the song “Bitter Sweet Symphony” originally written by The Verve’s vocalist Richard Ashcroft, but now attributed to Mick Jagger & Keith Richards.

If the Autodesk vs. Vernor ruling stands after appeal, this craziness will never happen again, as any purchaser of any music will have unfettered access to the material.

Let’s all sing together… “…this will be the last time…”