How Copyright Works: How Sampling is Different from Stealing | Berklee Online

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In this video, Berklee Online course author Dr. E. Michael Harrington discusses the concept of sampling. Sampling is basically taking something that previously existed and repurposing it to use in your own work. The idea that sampling is “stealing” was once the prevalent thought in the music industry, but as the art evolved and more musicians used sampling to create something new and original, that idea has faded. However, there are still copyright considerations: An individual must ask for permission from the songwriter, publisher, and record label to sample another artist’s composition and sound recording. This means that the songwriter, publisher, or record company could deny permission. Dr. Harrington explores the case of Gilbert O’Sullivan and Biz Markie, which set precedent in asking permission to use a sample in a composition.

About E. Michael Harrington:
Dr. E. Michael Harrington is a professor in music copyright and intellectual property matters. He has lectured at many law schools, organizations, and music conferences throughout North America, including Harvard Law, George Washington University Law, Hollywood Bar Association, Texas Bar, Minnesota Bar, Houston Law Center, Brooklyn Law, BC Law, Loyola Law, NYU, McGill, Eastman, Emory, the Experience Music Project, Future of Music Coalition, Pop Montreal, and others. He has worked as a consultant and expert witness in hundreds of music copyright matters including efforts to return "We Shall Overcome" and "This Land Is Your Land" to the public domain, and has worked with director Steven Spielberg, producer Mark Burnett, the Dixie Chicks, Steve Perry, Busta Rhymes, Samsung, Keith Urban, HBO, T-Pain, T. I., Snoop Dogg, Collin Raye, Tupac Shakur, Lady Gaga, George Clinton, Mariah Carey, and others. He sits on the editorial board of the Journal of Popular Culture, advisory board of the Future of Music Coalition and the Creators Freedom Project, and is a member of Leadership Music. Michael has been interviewed by the New York Times, CNN, Bloomberg Law, Wall Street Journal, Time, Huffington Post, Billboard, USA Today, Rolling Stone, Money Magazine, Investor's Business Daily, People Magazine, Life Magazine, and Washington Post, in addition to BRAVO, PBS, ABC News, NBC's "Today Show," the Biography Channel, NPR, CBC and others. He teaches Music Business Capstone and Music Licensing courses at Berklee Online, and is the course author and instructor for Music Business Law, part of the curriculum for Berklee Online’s Master of Art in Music Business degree.

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Copyright Law | E. Michael Harrington | Fair Use | Copyright Infringement | Sampling | Sound | Composition | Songwriter | Songwriting | Technique | Sound Recording | Songwriters | Berklee Online | Berklee College of Music