Well, I have become very interested in the topic, so am doing a lot of research and reading.
I am NOT a lawyer, but have studied law, and love the law and love music. I do not believe that sampling is stealing. In the written text, quoting is permitted w/o official permission and the quoter identifies the originator of the quote. I like it, I think it is a new from of art, it is not simple or lazy (in the visual arts, it was done originally many years ago).
Most people do think it is "stealing," but if were that simple, all the books and articles that I have found are wasting their time -- Not so. Cases are still hitting the courts, (who are deciding one-by-one/do, on a case per case basis which sampling is/was wrong/illegal and which not-- hence me saying it is complex) today, less so than a little while ago, because artists with little money cannot afford to end up in court and/or have their music pulled sometimes because they cannot pay the demanding high fees of artist who use that to stop the sampling (because they do not like hip hop/rap music, where all or most of sampling occurs, in my opinion).
The best analysis that I have read (so far) is the chapter entitled, Th Musician as thief: digital culture and copyright law" by Daphne Keller in the book, Sound Unbound: Sampling digital music and culture edited by Paul D Miller aka DJ Spooky that subliminal kid.
BTW-- There is a case in Germany where the supreme court ruled Three notes was stealing.
Thanks for piquing my interest and intellect.
Maryhelen
P.S. Is your language French? Belgium or France?
Last edit: 2015-11-08 02:58:53 UTC
by maryhelen