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Old 05-10-2012, 09:44 AM
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JohnnyChavello JohnnyChavello is offline
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Join Date: Oct 2003
Location: Brooklyn, NY
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Default Re: Beastie Boys sued over ‘Licensed to Ill’ and ‘Paul’s Boutique’ samples

Quote:
Originally Posted by cltaylor12 View Post
Sorry but you're mistaken. The laws specific to sampling were put in place after LTI and P'sB, and at the time it was VERY clear that all work by all artists (including those two LPs) would be "Grandfathered" in (exempt) from the new rules. You have to ask permission and credit the origin. The updates ARE the interpretation as it relates to samples. Whoever put this 'suit' out there is a douche and it will be dismissed almost immediately if it even gets to a courtroom. Everyone knows LTI and P'sB were grandfathered in (legal and exempt). I just don't have the year and date from what point forward everyone had to start following the updated guidelines. I lived through it and used to know all the details. Bottom Line: Beasties don't own anyone a dime.
The law specific to sampling is US copyright law. The decisions you're talking about, Grand Upright, Bridgeport, are interpretations of copyright law. Trust me, I practice law in this area and have published in the field.

There is no "grandfathering" in. That's just completely incorrect as a matter of law.

That's not to say that they don't have a strong case. As I've said in other threads, I think they do. But it would be better to talk about the real reasons why than to imagine some fictional "grandfathering" exception to US copyright law. There is no such thing and I don't care where you heard it.



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