Asked by Amber Hodge on Jun 08, 2024
Verified
"Dawn" is a song included in the sound track of "eDay," a movie produced and distributed by FasTrac Corporation. The song features a digital sampling of a few seconds of the guitar solo of one of George Harrison's copyrighted sound recordings without permission. Does this digital sampling constitute copyright infringement on the part of FasTrac? Explain.
Digital Sampling
The technique of recording a segment of sound, often from previously existing recordings, and reusing it in a new musical composition or recording.
Copyright Infringement
The unauthorized use of copyrighted material in a way that violates one or more of the copyright holder's exclusive rights.
- Identify the principles governing copyright law and its application in digital sampling.
Verified Answer
CO
Chris OlesenJun 13, 2024
Final Answer :
Yes, the digital sampling described in this question most likely would be held to constitute copyright infringement. To transfer materially digitally, online or otherwise, it must be "copied." So, generally, whenever a party downloads music or other software into a computer's random access memory, or RAM, without authorization, a copyright is infringed. In other words, technology has vastly increased the potential for copyright infringement. Thus, digitally sampling a copyrighted sound recording of any length constitutes copyright infringement.
In this question, a few seconds of the guitar solo of one of George Harrison's copyrighted sound recordings has been digitally sampled without permission in "Dawn." This song is then included in the film "eDay," which is produced and distributed by FasTrac. The sampling involved "copying" the solo digitally into a computer. This constitutes copyright infringement.
In this question, a few seconds of the guitar solo of one of George Harrison's copyrighted sound recordings has been digitally sampled without permission in "Dawn." This song is then included in the film "eDay," which is produced and distributed by FasTrac. The sampling involved "copying" the solo digitally into a computer. This constitutes copyright infringement.
Learning Objectives
- Identify the principles governing copyright law and its application in digital sampling.
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