Hofstra Property Law Journal Volume 5 | Issue 1 Article 8 9-1-1992 To Clear or Not to Clear: Licensing Digital Samples Sharon Colchamiro Follow this and additional works at: https://scholarlycommons.law.hofstra.edu/hplj Part of the Property Law and Real Estate Commons Recommended Citation Colchamiro, Sharon (1992) "To Clear or Not to Clear: Licensing Digital Samples," Hofstra Property Law Journal: Vol. 5 : Iss. 1 , Article 8. Available at: https://scholarlycommons.law.hofstra.edu/hplj/vol5/iss1/8 This Note is brought to you for free and open access by Scholarly Commons at Hofstra Law. It has been accepted for inclusion in Hofstra Property Law Journal by an authorized editor of Scholarly Commons at Hofstra Law. For more information, please contact
[email protected]. NOTE TO CLEAR OR NOT TO CLEAR: LICENSING DIGITAL SAMPLES I. INTRODUCTION 1 Much of today's most exciting music incorporates samples. A sample is a piece of another sound recording and/or musical compo- sition.2 When a new vocal part is overlaid on a musical foundation of samples, the resulting work may simultaneously evoke in the listener new reactions and old memories. Until quite recently, the practice of licensing a sample use (also known as "sample clearance") has been haphazard, at best. 3 How- ever, as a result of the recent surge of popularity of sample use in the music industry, copyright owners of samples are being increas- ingly educated about the potential for lucrative contractual arrange- ments with record companies. Along similar lines, in an effort to avoid litigation over copyright infringement claims, record compa- nies are becoming more cautious in their use of unlicensed samples." Due to a recent tederal court's decision in Grand Upright Music Ltd.