Copyright Infringement And Fair Use In Sampling: A Music Industry Analysis

Sanjana PS, Christ (Deemed to be) University, Bengaluru

Dr Peketi Kasi Visweswara Sita Rama Rao, Christ (Deemed to be) University, Bengaluru

ABSTRACT

The technique of sampling in which musicians and producers use parts of already released songs into original compositions—has had a significant impact on the music business. In the framework of music sampling, this study offers a thorough examination of copyright infringement and the fair use doctrine, shedding light on the complex relationship between creative creation and intellectual property rights. Due to the blurring of the lines between copyright infringement and innovative music in the digital era, there are even more difficult ethical and legal dilemmas. The origin, history, background of music sampling is looked into. This in-depth analysis of copyright law highlights the unique rights afforded to copyright holders as well as the idea of fair use, which permits restricted use of copyrighted content under certain circumstances. In order to provide light on how these principles are really utilized in reality, important legal precedents and standards that courts take into account when deciding music sampling matters are examined. In order to resolve copyright-related problems, the article emphasizes the significance of licensing agreements and conversations between artists and copyright owners. By providing a formal framework for the acceptable use of samples, these agreements support creativity and provide just recompense for copyright holders. This research recognizes the need for an updated and more balanced legal framework that upholds the rights of original creators while encouraging innovation and creativity within the music business. It also sheds light on the complex interactions between copyright infringement, fair use, and music sampling.

Keywords: Sampling, Copyright Infringement, Fair use doctrine, Intellectual Property Rights, Digital Era, Licensing agreements.