Washington University Law Review Volume 89 Issue 5 2012 Sampling the Circuits: The Case for a New Comprehensive Scheme for Determining Copyright Infringement as a Result of Music Sampling John S. Pelletier Washington University School of Law Follow this and additional works at: https://openscholarship.wustl.edu/law_lawreview Part of the Entertainment, Arts, and Sports Law Commons, and the Intellectual Property Law Commons Recommended Citation John S. Pelletier, Sampling the Circuits: The Case for a New Comprehensive Scheme for Determining Copyright Infringement as a Result of Music Sampling, 89 WASH. U. L. REV. 1135 (2012). Available at: https://openscholarship.wustl.edu/law_lawreview/vol89/iss5/4 This Note is brought to you for free and open access by the Law School at Washington University Open Scholarship. It has been accepted for inclusion in Washington University Law Review by an authorized administrator of Washington University Open Scholarship. For more information, please contact
[email protected]. SAMPLING THE CIRCUITS: THE CASE FOR A NEW COMPREHENSIVE SCHEME FOR DETERMINING COPYRIGHT INFRINGEMENT AS A RESULT OF MUSIC SAMPLING INTRODUCTION Music sampling continues to be the linchpin of a variety of musical styles including rap, hip-hop, house, and dance music, and has even become prevalent in rock music.1 The practice of sampling involves taking pre-existing sound recordings and using portions of those recordings as elements in a new musical composition.2 The amount of the work sampled can range from taking the entire ―hook‖ or chorus/refrain from a musical composition to smaller elements, such as a riff or even one or two notes or words.3 Music sampling, as it pertains to copyright law and copyright licensing, is a real and current issue.