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Unpublished Paper
Rappers Sorrow, or How Copyright’s Restriction on Digital Sampling Inhibits African-American Participation in Societal Discourse
ExpressO (2008)
  • Darrin Keith Henning
Abstract

The judicial application of copyright law to digital sampling has led to ever increasing prohibitions on use of music samples, leading to a near prohibition of unlicensed sampling. Current literature tends to analyze how sampling fits into the legal framework, but not how that legal framework affects society. There currently exists a market failure in the music industry in the form of prohibitively costly licensing fees for music samples. Following the development of jurisprudence of digital sampling, I conclude that an erosion of the de minimus use defense by the courts have had a disparate racial impact, thereby eroding rap’s original purpose as a medium for critical social discourse.

Keywords
  • music sampling,
Disciplines
Publication Date
Spring 2008
Citation Information
Darrin Keith Henning. "Rappers Sorrow, or How Copyright’s Restriction on Digital Sampling Inhibits African-American Participation in Societal Discourse" ExpressO (2008)
Available at: http://works.bepress.com/darrin_henning/2/