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Dr. Dre to pay $1.5 mil for "Illegal Sample" 871

jwlidtnet writes "According to MTV, Dr. Dre has lost a lawsuit filed over a presumably-uncleared sample on his last album (Dre still hopes to appeal). This is certainly not the first time that something like this has happened: in the mid-nineties, British band The Verve were forced to pay all royalties from their song Bittersweet Symphony (*and* alter song credits) after Allen Klein--who owns the rights to the 1960's Stones catalogue--discovered that the song used a sample from an orchestral recording of "The Last Time." Thing is, though, that many groups believe that such lawsuits shouldn't occur except in the most blatant circumstances; among these groups, Musicians Against the Copyrighting of Samples and the group Negativland are perhaps the most outspoken. Should samples be protected by copyright, or should artists/musicians have the right to manipulate the old into the new?"
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Dr. Dre to pay $1.5 mil for "Illegal Sample"

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  • The Human Factor (Score:5, Interesting)

    by Sloppy ( 14984 ) * on Thursday May 08, 2003 @03:02PM (#5912362) Homepage Journal
    In 1991, Metal Church wrote a very catchy song about their opinion on this. I think I'll reproduce it here, totally without permission. You can then debate how self-referentially hypocritical it is for me to do that.

    The Human Factor

    by Kurdt Vanderhoof / Mike Howe

    I just can't believe my ears, some music out these days
    The human factor has diminished, in oh so many ways
    Fancy footwork gets top bill and I'll put on such a show
    One more MIDI cable and my band is ready to go
    One more moneymaker and I'm set for life
    Stealing from others will make my future bright

    One, make some money
    Two, overexpose
    Sincerity is felt much more when the human factor shows
    When the human factor shows

    I just need a sample cause no one says it's wrong
    It's so easy to rip-off using someone else's songs
    Everybody wants to be a star in modern days
    But if I don't have talent then I'll just get by this way
    Changing programs faster than I dare to say
    Musicians all make mistakes who needs them anyway?

    One, make some money
    Two, overexpose
    Sincerity is felt much more when the human factor shows
    When the human factor shows

    I just heard a song today I think I'll use a part
    Incorporate it my own way and that is just the start
    I'll change the lyrics that they wrote to satisfy my needs
    I wrote the book. Two easy steps. "How to succeed."
    [snip]

    Metal Church... ah, what a great band that was.
  • Irony, (Score:3, Interesting)

    by phaln ( 579585 ) on Thursday May 08, 2003 @03:03PM (#5912371) Homepage
    This is irony at its finest, people. So many artists don't want you to get MP3s for free, yet they have no qualms crying out for free samples. Of course, this excludes those groups that don't much mind the MP3 "revolution". Keep on rockin' in the free world, yo. But, for the others, that takes a brass set of cojones.
  • by buckinm ( 628185 ) on Thursday May 08, 2003 @03:03PM (#5912377)
    Should samples be protected by copyright, or should artists/musicians have the right to manipulate the old into the new?

    If the song is copyrighted, why should little pieces of the song not be? If you can't come up with your own ideas, get out of the music business.
  • Re:Copyright (Score:3, Interesting)

    by gurps_npc ( 621217 ) on Thursday May 08, 2003 @03:04PM (#5912386) Homepage
    But copyrights NEVER expire. Oh, they SAY that copyrights expire, but everytime it gets close to their expiration date, Congress pushes through a new law extending it (Has happened several times in the U.S.)

    Copyrights originally were supposed to be 20 years. That would mean anything written in the 60's and 70's should be fair game now. But they extended everything.

  • Still Dre (Score:1, Interesting)

    by Anonymous Coward on Thursday May 08, 2003 @03:05PM (#5912399)
    US$1.5 million really isn't that much when you consider the fact that he earned US$51.9 million in 2002 alone.

    http://www.bet.com/articles/0,1048,c3gb3061-3725 -1 ,00.html#boardsAnchor
  • by L-Train8 ( 70991 ) <Matthew_Hawk.hotmail@com> on Thursday May 08, 2003 @03:09PM (#5912446) Homepage Journal
    The problem with the Verve was that they copied the Stones' song completely, slowing down the tempo a bit. Dr. Dre copied a short riff from a song by the Fatback Band. Experts at the trial said that the riff in question is common in a lot of music, and not unique to the Fatback Band song.

    In neither case was the music actually sampled, that is, a bit of the original recording used in the new music. While that technique was commonplace in the 80's in rap music, it occurs a lot less frequently today. After some litigation, most notably Gilbert O'Sullivan's lawsuit against Biz Markie, ended unlicensed sampling, most artists started to re-record bits of songs to mix into their raps. The amount of music re-recorded is not enough to infringe on the copyright of the original music, and since it isn't an actual sample of the original recording, it doesen't infringe on that copyright either.

    As for the issue of whether sampling should be legal, I say yes. Check out the Beastie Boys album Paul's Boutique to hear sampling as an art form at it's peak.
  • Simple answer (Score:2, Interesting)

    by stanmann ( 602645 ) on Thursday May 08, 2003 @03:09PM (#5912449) Journal
    The answer is really very simple. If an artist uses a sample, then they should be obligated to pay royalties. That is how the law is written today. Now, perhaps that should change. But why?
    So that people who can't play instruments can "borrow" other artists work
    I don't think that is a good plan.

    Here is a better plan. Fix copyright back to 70-100 years Max.

    OTOH, if two artist independantly develop the same riff, then both are free to use it, However if there is a significant gap between the first and second. The second is and should be obligated to acknowledge influence, or prove that it is not a derivative work...

    One example that comes to mind was the first time I heard the new Madonna song... some crap about life in America and yoga and pilates. Anyway I was immediately reminded of Falco's Rock Me Ammadeus.
  • Re:Copyright (Score:5, Interesting)

    by Zathrus ( 232140 ) on Thursday May 08, 2003 @03:09PM (#5912452) Homepage
    So any sample is a derivative work?

    How short is a sample? What if I recreate the notes on my own instead of actually using a sample? Is that still covered by copyright?

    In actuality there have been court rulings on all of the above - and the answer is 4 notes, doesn't matter, and yes. Which leads to something like an absurdly small number of harmonies available (~96k? I don't recall, but it's silly) before everything is copyrighted. Odds are, if you write a song now, you've violated someone else's copyright.

    Perhaps the real question is whether or not the sample is a substantive portion of the song -- if so then it's probably a derivative work. Otherwise it's not. What the hell is a substantive portion? It's just like the legal definition of pornography - I'll know it when I hear it. There are shades of grey, not everything is black and white, and not everything should be, otherwise you paint yourself into silly little corners and do more harm than good.

    Remember, just because the answers are out there - be it on Google, in the court system, or public opinion - doesn't mean that they're the right ones. Ask any minority group (not just blacks) in the Southeastern US prior to 1960.
  • Re:Samples (Score:5, Interesting)

    by phat_joe23 ( 244916 ) on Thursday May 08, 2003 @03:12PM (#5912497) Homepage
    It's definitely not that simple. dudev("That's just, like, your opinion, man.");

    According to the Fair Use doctrine, I can sample your music withour permission. For instance, I could make a parody or social criticism using your music.

    And even if your sample is recognizable, it is still possible, artistically, to use it in a completely new way.

    /joe
  • Re:Right back at ya (Score:2, Interesting)

    by H310iSe ( 249662 ) on Thursday May 08, 2003 @03:14PM (#5912510)
    Seriously Sampling is totally legit - any time you take an existing art and modify it 'significantly' (say, by using a small sample in a larger work, maybe modifying the sample as well) it should never, ever be infringement. Period. Everything comes from something else, to deny that is to deny creativity. I mean, standing on the shoulders of giants and all...

    Look at clothing - Gucci comes out with a new shoe and the next week a dozen factories in Brazil are cranking out similar, but not identical, shoes, perfectly legal. Why is music different?

    This is just as silly as copywriting small snipits of code. This system has become so corrupt it appears there no alternatives to breaking the law. When there is no justice only the criminals are just.
  • Re:Copyright (Score:5, Interesting)

    by Zathrus ( 232140 ) on Thursday May 08, 2003 @03:16PM (#5912526) Homepage
    Actually originally fourteen years with an extention to twenty eight if you filed for it.

    Filing for copyright extentions is actually a fairly reasonable thing - as long as there is an upper limit. That way if you want to preserve your copyright you have to keep paying (presumably more) to keep the work out of the public domain. In theory it would ensure that only works of substantive value to the copyright holder kept their copyright while the vast majority of works fell into the public domain.

    Yeah, you can make an argument that it only really helps corporations, but if an individual author feels that the work has value either in current form or in derivative form (say, a movie or game about a book) then they could continue renewing copyright. Toss in some rules about different cost structures for individual vs corporate filings, a penalty for assignation of copyright from personal to corporate status, etc. and you might just start getting things back on the right track.
  • by DJTodd242 ( 560481 ) on Thursday May 08, 2003 @03:16PM (#5912528) Homepage
    Well, I listen to "Industrial" music, where sampling is a major part of the music. Taking a quick sound bite from a movie, or the like is a far cry from building "your" song around a looped bit of music from the Rolling Stones (The Verve), David Bowie (Vanilla Ice) or any band on the planet (P. Diddy).

    However, there are cases even withing the small genre of EBM/Industrial where the artists got a little sample happy. KMFDM had to re-release thier album NAIVE due to not clearing a huge sample from Carl Orff's Carmina Burana. Actually, Apotheosis got burned for the exact same sample. One case that bugged me was a Toronto band, Malhavoc, having to do the same thing with an album because they sampled Mick Jagger screeching in Sympathy for the Devil.

    The question begs asking though, how is that really any different from a band like Velvet Acid Christ who have sampled pretty much every word ever uttered by Brad Pitt.

    Dr. Dre, and all of the other artists who "create" based solely around someone elses music are just getting what they deserve. Even in a clear case of parody like the Simpsons, Matt Groening et al. get permission before using a product name. (At least they used to.)
  • Re:Copyright (Score:2, Interesting)

    by pfankus ( 535004 ) on Thursday May 08, 2003 @03:21PM (#5912586) Homepage
    Funny how only in capitalist modern societies this musical copyright thing is such an issue. I'm a graduate student in musicology (yes, that means I make less than an IT helpdesk tech), but throughout history most famous musicians and composers made their living ripping off their peers (ever heard of JS Bach, Mozart, Beethoven)

    Samples ARE protected by copyright

    By the same token, it's funny how a crappy bass line can cost $1.5mil....pay me half that, and I'll actually write a good one....
  • by The Benjamin ( 558857 ) on Thursday May 08, 2003 @03:24PM (#5912604)

    Consider this: It's been standard practice in jazz soloing for just about ever to cleverly quote melodies of other tunes.

    Or how about this: Both Beethoven in the Diabelli Variations and Bach in the Goldberg Variations devote a variation to quoting a tune written by another.

    But if we going to focus simply on commerce, than let's consider this case: Dido release an album. No one cares. Then Eminem uses a sample from her album in his song "Stan" which is a huge hit. Suddenly people are interested in Dido. The song the sample came from is all over MTV. Now I ask: should Eminem have paid to clear the sample, or should Dido have paid for all the free exposure?

    Recontextualizing as a creative act has been around for ever. Using old ideas to make new ideas is at the very heart of creativity.

  • by nicedream ( 4923 ) <brian@NOsPam.nopants.org> on Thursday May 08, 2003 @03:27PM (#5912641) Homepage
    Dre's protege wears a "Fuck Napster" shirt on MTV [illinoisentertainer.com]

    Photo here [x-entertainment.com]
  • Re:Right back at ya (Score:2, Interesting)

    by 13Echo ( 209846 ) on Thursday May 08, 2003 @03:30PM (#5912682) Homepage Journal
    Dr. Dre and co. are total hypocrites. He, Eminem, and a bunch of other "artists" spoke out against Napster, yet it's *ok* for them to do this? This isn't new. All CDs that come out of Aftermath (Dre's record label) exhibit some form of illegal sampling. This is all I've got to say to this...

    http://www.campchaos.com/cartoons/napsterbad/milli onaire_56k.html [campchaos.com]

    http://www.campchaos.com/cartoons/napsterbad/sue_5 6k.html [campchaos.com]

  • Re:Samples (Score:5, Interesting)

    by gripdamage ( 529664 ) on Thursday May 08, 2003 @03:30PM (#5912684)
    If the sample is recognisable as a major part of another song, it should have to be cleared for use by the artist. Simple as that.

    Well thank God someone's solved that problem. Now why don't you take on world hunger or the environment.

    Trouble with your reductionalist BS is that you can take sounds from other tracks and arrange them in a sufficently creative way to create a new original work. Take Negativland's "I Still Haven't Found What I'm Looking For" : it contains a recognizable sample from U2's "I Still Haven't Found What I'm Looking For" but is obviously an original work which is critical of the record industry establishment. While I recognize the sample, I can't find the ideas represented in the original work of U2, nor do I recognize the overall song structure. Something has obviously been created.

    IMHO this is not what Puffy does for instance; Puffy essentially steals all the music from a song and sets different lyrics to it... like Wierd Al.

    Copyright has been totally perverted and sampling is a casualty as much as anything else.
  • by Elwood P Dowd ( 16933 ) <judgmentalist@gmail.com> on Thursday May 08, 2003 @03:33PM (#5912714) Journal
    Dre is against file sharing of music. Not sampling. Are you too dim to see the difference?

    Um... Yes?

    While I understand that they are two different things, I do not understand what would put them on different legal ground.
  • by ausoleil ( 322752 ) on Thursday May 08, 2003 @03:37PM (#5912761) Homepage
    If a work is copyrighted, generally the implication is that the whole and all parts therein are, indeed, copyrighted performances.

    A musician cannot copyright a note or a chord, for example, the chords D / A / G are used in succession in many songs. "Won't Get Fooled Again" by The Who, "You Ain't Seen Nothin' Yet" by Bachman Turner Overdrive are among them. However, a musician CAN copyright the exact performance of his/her playing those chords. That' to my thinking, is a sample.

    Now then, take it further. I can't copyright a word. Forget getting the rights to the word "guitar" just to name one of about 300,000 in the English language. But I can copyright a string of words -- like "MY guitar gently weeps" and then sue the pants off if you stick them in your song. Of course, "My guitar gently weeps" were George Harrison's words, ironically the same guy sued for plagiarism in his song "My Sweet Lord." Go figure.

    To add to the confusion, add public domain performances, and public domain literature. Rush uses direct quotes from S.T. Coleridge in their song "Xanadu." They cannot copyright them, they are public domain. But, in the song, there is a point where the words are an original set of lyrics by Neil Peart and you can bet your bottom Canadian dollar that those are as copyrighted as it gets. Moby uses public domain performances to great effect, indeed, generating new songs from antique recordings. They're his and our to harvest.

    So, at the end of the day, if Dre used someone else's work without permission and rights clearances, he's guilty and should pay up. If the law is wrong, then work to change it. But if you were the guy he sampled and din't pay, you'd be mighty p/o'd and go get a lawyer.

    It's all grey.
  • by alexo ( 9335 ) on Thursday May 08, 2003 @03:37PM (#5912762) Journal
    OK. But there was no sample. It was a replayed bass line. Now, if they had made up a bassline of their own, and someone found a song which played the same six notes, could they sue as well?
    Actually, four notes [everything2.com] are enough.
  • by miTTio ( 24893 ) on Thursday May 08, 2003 @03:40PM (#5912808)
    For that matter, check out Dj Shadow.

    His first album: Entroducing, if i recall correctly was entirely made from samples.

  • by gekkotron ( 641131 ) on Thursday May 08, 2003 @03:42PM (#5912828) Journal
    Seems pretty cut-and-dried, but both the **AA and most comments here just don't f*cking get it.
    An artist working with paper can legally take a picture out of a magazine, photocopy the Mona Lisa, whatever, and add it to their own art. No laws are broken, and the artist ends up with a new piece of art uniquely their own, but added to by the inclusion of other imagery.
    For those who say anybody can do that/I could be a star by using other peoples' music/waahhh/(standard /. Bitch'N'Moan(tm), I say, quit trolling. That argument's been around for years about many things, but those who say that, about collage, music, whatever, never do what they say they could. Do you really think you could put music together the way an accomplished DJ act such as FatBoy Slim does? Can you do collage to the caliber of Braque?
    It's the same thing!
  • Re:Right back at ya (Score:3, Interesting)

    by CausticWindow ( 632215 ) on Thursday May 08, 2003 @03:44PM (#5912841)

    A couple of things;

    Rap is not equal to hip hop, which I think you're really talking about. Rap is just another way of expressing yourself vocally.

    And secondly, while a lot of hip hop are pure trash, there are some very interesting things out there. They just won't be played on MTV any time soon.

    If you're interested in learning something, then search for and download stuff by these fine people:

    Antipop Consortium
    Rae and Christian
    Prefuse 73
    Aim
    El-P
    Boards Of Canada
    Rjd2
    The Majesticons
    Massive Attack
    Boom Bip
    Tricky
    Autechre
    Deltron 3030
    DJ Shadow
    Handsome Boy Modeling School
    Adam F
    Cannibal Ox
    Fingathing

    etc. etc.

  • by Jerrry ( 43027 ) on Thursday May 08, 2003 @03:48PM (#5912899)
    It's a good thing laws like this didn't exist in the past, or half of the classical music repertoire wouldn't exist. Classical composers based much of their music in whole or in part on previous works by other composers.
  • Re:Copyright (Score:2, Interesting)

    by Gumshoe ( 191490 ) on Thursday May 08, 2003 @03:54PM (#5912968) Journal
    I think that when you are taking recorded audio directly from another source, and you are incorporating it into your own work, you should realize that you are stealing.


    It's not stealing; if anything, it's copyright infringement. Stealing refers to the theft of physical property and it's downright misleading to describe infringement of copyright as theft.

    Like, how retarded ARE you to not figure that out?


    I don't know to be honest, but the entire executive and legislative branch of the British and American governments are just as retarded as me it seems. I mean, why have copyright laws at all if the theft laws legislate all of this?
  • What is Jazz? (Score:4, Interesting)

    by ruzel ( 216220 ) * on Thursday May 08, 2003 @03:55PM (#5912981) Homepage
    Jazz as an artform made itself from sampling -- only to them it is called quoting. You play a few notes from somebody else's tune, or the main melody only to mess with it -- and that's the objective! -- to take someone else's idea and create something new with it. In art and writing, this is called allusion. In science it is called citing and in code it's called open source. I put all of these items in scare quotes because when it comes down to it, they are all borrowing and none of them are piracy.

    Whoever it is that thinks ideas just spring from the firmament wholly formed and uninfluenced is in dire need of a reality check or at least a trip to Disney World to play a round of spot-the-original-idea. Art springs from human life and human life is made up of a lot of art. To continue to enforce these draconian laws in the name of money will be at the cost of art and culture.

    Considering how many people watch "The Bachelor" and "Fear Factor" though, maybe my point is moot. The memepool is getting damn shallow.
    ____________________
  • Puffy vs. The Roots (Score:2, Interesting)

    by MyRuger ( 443241 ) on Thursday May 08, 2003 @04:01PM (#5913062)
    I agree that many of the new musicians(not just rappers) are not artists. There are three main points where I disagree with that your generalized argument.

    1) Band like the Roots and the Fugees are artists. They play their own music and when they do sample or cover they add a totally unique element to the original version, creating somethign new.

    2) Since I am not a big fan of new rappers like Nelly, I will draw some old examples. When Public Enemy and NWA came out, they presented a totally new sound. They did this using samples from older artists, but the overall sound was undeniably new. Unlike puffy, when you heard Public Enemy's albums, the music that you heard did not remind you of the originally sampled song.

    3) Many of the Kids who listen to rap don't know any music made before 1990. Alot of these kids regard "The Cronic" as an old album. These kids have never heard of the Rolling Stones and can't name any of the Beatles songs. Exposing them to rock music in any way that increases their interest in rock can help keep rock music alive.

    Now that we are getting way off topic, I have to say that I respect Dre's musical creativity, and maybe the real problem is licensing. The Rappers would give proper credit if they didn't get sued every time that they tried. I guess as long as the music business is run by lawyers no one will be able to get proper recignition or credit.
  • Samples are good! (Score:2, Interesting)

    by auralogic ( 671962 ) on Thursday May 08, 2003 @04:14PM (#5913186)
    I say intelligent artists should copyright they're samples! Firstly, artists don't earn alot of money, associations such as the PRF (Performing Rights Society) can help track down a groups commision on radio plays and live shows etc. Secondly, It might sound crazy that a split-second sample (possible just a kick drum beat) could be worth 1.5M USD but it might have just made the track and credit should be given. If an artists (such as Dr.Dre) wants to use a great sounding sample then he can bloody well go an ask the author of the sample if he can use it and I'm sure that for a modest amount of money (artists aren't usually that greedy!) they can use the sample. Dr.Dre, knew he was using someone else's sample, and he's a real dumbass for not checking it out first. I'm happy for the bloke that's 1.5M USD richer for creating that sample..it could happen to you. INTELLIGENT ARTISTS COPYRIGHT THEY'RE SAMPLES!
  • by asscroft ( 610290 ) on Thursday May 08, 2003 @05:58PM (#5914212)
    Dre used a common place bass riff, that was first developed by the stones. It's an element used as part of the song. It accomplishes a certain amount of rhythm and timing, and also gives a harmony to the melody. He might have dropped it a key or so to go with the other elements of the song. And he got sued for using it.

    What if whoever the hell created the stack or the queue or the binary search tree or even the array copyrighted those data structures. We'd be screwed, having to pay licenses and get permission before we did anything.

    Seems to me at some point your bass riff is common knowledge and public domain. This is a perfect example of why copyrights are too long. I just hope we can keep copyrights and patents out of software design until they either get reduced to a reasonable time limit.

    What a great way to stifle creativity and future development: Patent and Copyright everything for ever so that nothing can ever be improved, tweaked, modified, extended, adapted or used in a manner other than originally intended by the original owner. Dark Ages, here we come!

    If they had IP back when they invented addition, we never would have been allowed to do muliplication. Hell, I bet the patent holder for counting would have sued the inventors of both mulitplication and adding.

    blah blah, this is a boring ass post isnt' it. hmm, delete or submit????
  • by mvdw ( 613057 ) on Thursday May 08, 2003 @06:12PM (#5914339) Homepage
    I take it you haven't heard of the Avalanches, then? Go to your local p2p network, type in "avalanches", and get some of their gear. It is seriously good. Especially look out for "frontier psychiatrist", "since I left you", and some of their longer works like "breezeblock session" and "gimix". Then go out and buy it, if you can get it where you are (because of legal issues...)
  • by WolfWithoutAClause ( 162946 ) on Thursday May 08, 2003 @06:24PM (#5914447) Homepage
    The problem with the Verve was that they copied the Stones' song completely, slowing down the tempo a bit.

    Um. No. The Verve recording took only 4 notes from the stones song, and none of the lyrics!

    If you listen to it, there's 4 notes that start at the beginning and they continue to loop underneath for the entire song. That's the 4 notes that they stole. Actually they didn't steal, they told the Stones that they wanted to use those notes they said ok, and the Stones more or less reneged on the deal when they found out that they'd looped it right down the whole track; and more importantly because they could, demanded full rights (legally it's a derived work as soon as you copy a single note, more or less).

    The Verve probably could have held out for atleast partial credit, but the Stones played hardball and apparently knew that the Verve couldn't release their album without the Stones permission for the track, so the Stones had them by the balls.

  • by EZCheese ( 235320 ) on Thursday May 08, 2003 @06:48PM (#5914644)
    You know Will Smith's song, "Men in Black"? The whole thing is a remake and rewording of an older song (someone pleeeease help me identify it). All he did was put on a drumbeat and put in some new words. So why does he earn millions for it?

    Same reason any song makes millions: because a lot of people liked it enough to shell out their hard-earned cash for it. Financial success has nothing whatever to do with artistic merit or hard work (I'm not saying they're directly opposed to each either - they just have nothing to do with one another). Will Smith took a great piece and said "this is interesting, but what if I tried this" and lots of people dug it.

    Composers have been borrowing liberally from one another for a very, very long time (check out all those cantus firmus masses from the Renaissance). And as much as we may not like it, sometimes the "general public" (for lack of a better term) gets more excited about the derivative piece than the original.

    Ever heard of Anton Diabelli? Probably not, but he once wrote a little waltz theme that no one today would probably care much about except that Beethoven wrote a set of variations on the tune that is now widely considered to be one of the greatest examples of the theme and variations genre. From a purely artistic point of view, I think borrowing is a good thing - it lets idea small ideas grow into big ones. In the modern age of copyrighting, there are legal issues to be worked out, but the creative impulse goes back a long way and, I think, should be allowed to continue.
  • by chillmost ( 648301 ) on Thursday May 08, 2003 @06:49PM (#5914651) Homepage
    and Co. That one hit this past summer from Truth Hurts...Addictive. Dre helped produce it along with DJ Quik. The song has heavy Indian Influences. He's being sued by some lawyer on behalf of the composer of the original version in India. I've heard the original. They totally ripped it off. It is basically the same song with Truth Hurts vocals dubbed over. This is a multi-million seller in India. Somehow they though they would get away with it. More info here.... http://www.musiclw.com/events.html
  • Re:Is Dre a bad-ass (Score:3, Interesting)

    by Glonoinha ( 587375 ) on Thursday May 08, 2003 @07:23PM (#5914876) Journal
    I confess, I am either Snoop Dogg or a white person making fun of rappers.

    My post was totally honest though (the first part anyways.) I guess we are going to find out of Dre is still 'Death Row Records' material or if he is going to play by the rules. Those hard core Compton gangster rappers are some bad mofo's, Tupak and Biggie didn't cost anybody $1.5M and both saw their last breath when someone pulled up next to their car at a stoplight and proceeded to ventilate it with a machine gun. Because of some 'perceived disrespect.' $1.5M will buy a LOT of 'perceived disrespect.'
  • Re:Right back at ya (Score:3, Interesting)

    by Golias ( 176380 ) on Thursday May 08, 2003 @08:12PM (#5915161)
    Music, at least prior to Gilbert and Sullivan, has a very different history from literature regarding intellectual property.

    The Great Composers learned their craft largely by performing and copying each others' work. The entire history of Western music hinges on the theft of prior ideas. Even the scales (as we know them) were initially formed by trying to make sense of what was written about ancient greek intonations.

    Mozart and Beethoven "stole" from Haydn all the time, and Haydn began by stealing ideas from Baroque-era composers. Bach stole many of his church melodies from popular tavern songs. Louis Armstrong "stole" just about every riff and motif King Oliver ever came up with.

    Nobody has any fucking clue where that "Nuh-NAH-nuh-na-NUH" stop-time riff in Muddy Waters' "Manish Boy" (and George Thouroghgood's "Bad to the Bone", among dozens of others) originally came from, because it, like most of the best riffs of traditional blues, had been stolen by one artist after another since before audio recording even existed. For that matter, listen to Buddy Guy and Junior Wells sing "Man of Many Words", and then listen to Otis Redding's "Hard to Handle"... It's the same damn song, except Otis used horn kicks and Buddy played a guitar solo for the bridge.

    "Stealing" a sound, whether by sampling or reading sheet music or replaying it by ear, for your own composition is really no more unethical than an architect putting a feature in his building inspired by something that he liked from a Frank Lloyd Wright structure.

    Actually, a better analogy is this: suing somebody for sampling or quoting a previous composition in a new one makes about as much sense as suing Peter Max for painting pictures of the Statue of Liberty.

    IMHO, copyright is not a concept that should ever have been applied to music, except perhaps to entire works, with much broader terms of Fair Use to allow other artists to extrapolate.

    As for the argument about whether rap is really music... Of course it is, don't be stupid. Almost all of it is really shitty music, but then so is pretty much everything Kenny G plays. Forget about "broad" definitions of music; the most precise definition of music I can give as of 2003 is "the performance art of emotive expression through sound." Does rap fit that criteria? Yes. The fact that some of you don't connect with the expression doesn't invalidate what they are doing. I doubt that most rap fans get much out of listening to Hindemeth or even Stravinsky, and now that they are "last century's music", we are all supposed to finally appreciate it after its time (or so predicted all my pretentious music profs anyway.)

    I don't know why I went on such a long tirade on a /. thread that's already 600 comments deep or so. I doubt many people will read it. Something about all this talk about music and copyright kind of triggered a knee-jerk rant, I guess.

It's a naive, domestic operating system without any breeding, but I think you'll be amused by its presumption.

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