Music Composition, Sound Recordings and Digital Sampling in the 21st Century: A Legislative and Legal Framework to Balance Competing Interests

Abstract

A new bright-line rule in copyright law in the Sixth Circuit digital sampling case of Bridgeport Music v. Dimension Films (decided in 2004 and rearticulated in June 2005) not only misinterprets legislative intent, but also demonstrates little understanding or knowledge of the larger history and methodology of music composition. Digital sampling and issues of copyright infringement continues to spark fervent debate; unfortunately, the literature tends to ignore or misunderstand the practice and precedent of music composition as it has existed in Western practice for over a thousand years. Sampling is merely a newer technique in the continuing development of that practice. This article analyzes and considers sampling within the larger history of music composition in order to provide a better sense of balance and perspective in the continuing discussion. Additionally, the article argues that a broader middle ground - encompassing the doctrines of de minimis use and fair use as well as a compulsory license scheme in certain situations - would both satisfy competing economic interests and encourage the growth of a healthy creative environment and culture. In contrast to court decisions such as that of the Sixth Circuit, this legislative and legal framework better reflects the spirit and intent of the original purpose behind the copyright provision of the Constitution.