Reflection 3: Creative Borrowing

This week I chose to do some investigation on the laws of copyright, how artists are allowed to sample, and if culture looks at this as stealing, borrowing, or appropriation. Although I still have some further questions on why artists sample, I thought it would be beneficial to get some context on the logistics of sampling.

In 1991 there was a huge shift in how artists sampled. This was the year that the first in court lawsuit regarding sample-based hip hop between Grand Upright Music LTD versus Warner Brothers Records and the outcome forever changed how artists and their record labels approach sample-based hip hop. Now there was a fear of copyright infringement laws and artists had to shift their practices to adapt and modify their musical language for a reduced availability of of samples. (Sewell)

Copyright law for artistic and creative processes should not be minimized, but there is also the notion that, "sampling, in many cases, should be treated as a form of protected speech immune to persecution of copyright infringement." Amanda Sewell also brings up the discussion on, "how musicians are able to maintain a sense of their earlier musical styles even when their primary creative tools-- that is, samples-- were severely restricted." (Sewell)

It seems that in these discussions there is no demeaning nature to copyright laws but rather a wanting for change. Sampling is a creative tool that artists use in their practice, and when we are restricting their tools we limit their creativity. There is a need for copyright to protect the original artists, while also lending the exception for creative borrowing. 

Sewell, in her article, interviews hip hop producers about the ways in which they avoid costly sample licensing fees:

This week there is a part of me that is getting tired of the research, although I am enjoying everything I am learning on my topic. I chose a topic and how to approach it similar to essay writing and I almost wish I chose a Genius Hour topic that was more on "doing" than researching, especially since Genius Hour is something cumulative over weeks. With that being said, I am still glad that I finally am able to take time to look at a this topic that I have been curious about for a long time but never really had a reason to investigate. It is really refreshing to be able to listen to music as a part of the research and I have a lot of fun finding out songs that have been sampled and making those connections between the histories (this is the part of "doing" that I enjoy the most), and I was able to do a lot of that in weeks 1 and 2. 

I loved making my movie trailer because it was a chance to put my creativity to use (and because I was also able to listen to Gold Digger around 50+ times in a row). Making my trailer inspired some new trains of thought that will help me on where to go next week, which is What makes one song more iconic than another?

• How does visual culture play a part in this [music videos]
• The amount of sampling in Kanye West songs and how their popularity rivals their predecessors
• "What is the method to the madness?" (With what purpose does an artist, such as Kanye West, sample so much and with various types of music?)
• What does this tell us about our culture?

References: 

1. Sewell, Amanda. "How Copyright Affected The Musical Style And Critical Reception Of Sample-Based Hip-Hop." Journal Of Popular Music Studies 2-3 (2014): 295. Academic OneFile. Web. 4 Oct. 2015.