Creative License

Kembrew McLeod is Associate Professor of Communication Studies at the University of Iowa. He is the author of Freedom of Expression®: Resistance and Repression in the Age of Intellectual Property and Owning Culture: Authorship, Ownership, and Intellectual Property Law, and co-creator of the documentary film Copyright Criminals.Peter DiCola is Assistant Professor at Northwestern University School of Law. He is a board member and former Research Director of the Future of Music Coalition.

“[A] very readable layman’s guide to the legal framework underpinning the American sampling regime. . . . [A] great addition to the growing library of works showing that the endless addition of expanded property rights does nothing to ‘promote the progress’ of music, stifles expression and serves only to let Jimmy Page buy another Aleister Crowley first edition.” - Peter Shapiro, The Wire “Do you ever listen to records like the Beastie Boys' Paul’s Boutique or Public Enemy’s Fear of a Black Planet and wonder why they sound so different from today’s hip-hop? It turns out one of the biggest reasons may be copyright law. . . . McLeod and DiCola always keep an eye on the bigger picture. They are as interested in the cultural as the legal, and the book succeeds greatly in broad terms as a history of music sampling.” - John McLeod, Flagpole “Creative License is for musicians, music fans and anyone interested in the history of hip-hop, sampling, and mash-ups, as well as for those who are curious about the evolution of US copyright and licensing laws. It’s also incredibly timely, given the present climate of our musical culture, when the internet has made sampling-in every medium-a way of life.” - Christel Loar, PopMatters “Creative License is recommended not just for music geeks or music business geeks, but for anyone interested in law, the arts or both. Well written and treated with care, McLeod and DiCola’s work should be read on college campuses around the country.” - Stephon Johnson, Amsterdam News “Creative License is a fantastic and deep look at the business, art, culture, ethics, history and future of musical sampling. The authors-respected academics/writers/filmmakers-undertook to interview a really amazingly wide spectrum of people involved in music production, and what emerges is a clear picture of how legal rulings, historical accidents, musical history, good intentions, naked greed, and conflicts of all kind came to produce our current, very broken system for musical sampling. . . . It's a fascinating and important read.” - Cory Doctorow, Boing-Boing “Readers whose experience started with ‘Can’t Touch This,’ matured with The Gray Album and ended with All Day can expect to have their knowledge substantially broadened. Music junkies, intellectual property lawyers and cultural critics will journey into ‘enemy’ territory. The authors give voices and personalities to sampling artists, holders of publishing and reproduction rights, and the sampled artists who have become a natural resource for the other two groups.“ - David A.M. Goldberg, Honolulu Weekly “Kembrew McLeod and Peter DiCola have written a masterful exploration of the complex creative, financial, and legal issues raised by digital sampling. Their book should be required reading for anyone with a serious interest in music copyright.”-Jessica Litman, author of Digital Copyright “The fact that a seemingly simplistic artistic notion-of collecting, meshing, and arranging previously recorded sounds-would eventually result in a sharp and comprehensive book, Creative License, and companion film, Copyright Criminals, is mind boggling. This study is a work of art in itself, so solid that it may leave no other choice but to be sampled as well.”-Chuck D, co-founder of Public Enemy “Creative License provides a solid explanation of music copyright process and practice and the law for anyone from the legal novice to the full-time music lawyer.” - Eric Farber (California Lawyer) “A methodical yet accessible exploration that addresses concerns from several perspectives and invites spirited discussion. Essential for students of intellectual property law, aspiring recording artists or producers, and hip-hop history buffs.” - Neil Derksen (Library Journal) “With the high-cost, litigation-aware environment that has emerged around the art of sampling, many artists simply won’t sample any more. As the authors of this excellent book acknowledge. . . . This is not simply a book for people with an interest in hip hop production. It is a must for anyone who is interested in copyright stories so absurd that they reveal the contradictions and tensions at play when unclear and convoluted laws put creativity and commerce on a collision course.” - Martin James (Times Higher Education) “Creative License is a fantastic and deep look at the business, art, culture, ethics, history and future of musical sampling. The authors-respected academics/writers/filmmakers-undertook to interview a really amazingly wide spectrum of people involved in music production, and what emerges is a clear picture of how legal rulings, historical accidents, musical history, good intentions, naked greed, and conflicts of all kind came to produce our current, very broken system for musical sampling. . . . It's a fascinating and important read.” - Cory Doctorow (Boing-Boing) “Creative License is for musicians, music fans and anyone interested in the history of hip-hop, sampling, and mash-ups, as well as for those who are curious about the evolution of US copyright and licensing laws. It’s also incredibly timely, given the present climate of our musical culture, when the internet has made sampling-in every medium-a way of life.” - Christel Loar (PopMatters) “[A] very readable layman’s guide to the legal framework underpinning the American sampling regime. . . . [A] great addition to the growing library of works showing that the endless addition of expanded property rights does nothing to ‘promote the progress’ of music, stifles expression and serves only to let Jimmy Page buy another Aleister Crowley first edition.” - Peter Shapiro (The Wire) “Do you ever listen to records like the Beastie Boys' Paul’s Boutique or Public Enemy’s Fear of a Black Planet and wonder why they sound so different from today’s hip-hop? It turns out one of the biggest reasons may be copyright law. . . . McLeod and DiCola always keep an eye on the bigger picture. They are as interested in the cultural as the legal, and the book succeeds greatly in broad terms as a history of music sampling.” - John McLeod (Flagpole) “Readers whose experience started with ‘Can’t Touch This,’ matured with The Gray Album and ended with All Day can expect to have their knowledge substantially broadened. Music junkies, intellectual property lawyers and cultural critics will journey into ‘enemy’ territory. The authors give voices and personalities to sampling artists, holders of publishing and reproduction rights, and the sampled artists who have become a natural resource for the other two groups.“ - David A.M. Goldberg (Honolulu Weekly) “Creative License is recommended not just for music geeks or music business geeks, but for anyone interested in law, the arts or both. Well written and treated with care, McLeod and DiCola’s work should be read on college campuses around the country.” - Stephon Johnson (Amsterdam News) “As someone who has studied the subject of digital sampling at some length, I am impressed with and grateful for this book by Kembrew McLeod and Peter DiCola. I am delighted to recommend Creative License, an engaging, provocative, and thoroughly researched study of a practice that is equally celebrated, maligned, and misunderstood.” - Mark Katz (ARSC Journal) “A smart, impeccably researched, clearly written book that guides the reader through the murky quagmire of musical copyright law and normative industry practices with wit and style.” - Gilbert B. Rodman (Cultural Studies)

• Acknowledgments viiIntroduction 11. The Golden Age of Sampling 192. A Legal and Cultural History of Sound Collage 363. The Competing Interests in Sample Licensing 754. Sampling Lawsuits: Hip-Hop Goes to Court 1285. The Sample Clearance System: How It Works (and How It Breaks Down) 1486. Consequences for Creativity: An Assessment of the Sample Clearance System 1877. Proposals for Reform 217Conclusion 258Appendix 1: Interviewee List 269Appendix 2: Interview Questions 273Notes 283Bibliography 303Index 313