The current legal system around sampling is outdated and broken. It was created in 1991 by a judge throwing Bible quotes around who (more importantly) failed to consider the doctrine of fair use. Treating all samples the same unfairly burdens producers who use samples to create unique and original work. They system has been maintained by the economics of how it benefits players in the industry with the most time, money, and lawyers. The claims of producers like Girl Talk - that sampling constitutes fair use and is in line with copyright law - should see its day in court. Until it does, the music industry will continue to be hampered by ambiguity that stifles creativity. Clearing samples can be impossible for all but the biggest stars, which leaves the music industry’s dreamers facing a hard choice between restricting their creativity or making music with the nagging fear of a lawsuit. A law that makes it impossible to play by the rules is not a good one.

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