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Jütte, Bernd Justin --- "Sampling of sound recordings in the United States and Germany: revival of a discussion on musical creativity" [2017] ELECD 1300; in Torremans, Paul (ed), "Research Handbook on Copyright Law" (Edward Elgar Publishing, 2017) 273

Book Title: Research Handbook on Copyright Law

Editor(s): Torremans, Paul

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781785361425

Section: Chapter 11

Section Title: Sampling of sound recordings in the United States and Germany: revival of a discussion on musical creativity

Author(s): Jütte, Bernd Justin

Number of pages: 25

Abstract/Description:

The application of limitations and exceptions to copyright has been rather strict in relation to sound recordings, with the effects that unauthorized sampling had been rendered virtually impossible in Germany and in the United States. This chapter analyzes two cases that break with the prevailing judicial opinions in their respective jurisdictions. It is further analyzed what effects these judgments can have on sampling in their jurisdictions and beyond their national borders. Keywords: Copyright, music sampling, sound recordings, de minimis, artistic freedom