Hastings Communications and Entertainment Law Journal


Jason H. Marcus


Digital sampling has developed into an essential tool in the production of a Rap music album. Indeed, sampling gives the genre its artistic vitality in its tendency to comment upon our society through a post-modem patchwork message. Attempting to stifle this message by sanctioning samplers through litigation using existing copyright law is undesirable. The needs of both samplers and the artists that they sample can be satisfied through the use of a voluntary, transactional licensing scheme. Sampled artists will receive recognition and reasonable royalties, and samplers will be unhindered in their creative production processes.