Let's keep it on the download: why the educational use factor of the fair use exception should shield rap music from infringement claims.

Rutgers Computer & Technology Law Journal | March 22, 2004| | Copyright

I. INTRODUCTION

Digital sampling is the method by which musicians place "previously recorded portions of another artist's work in a new recording." (1) The legal ramifications of digital sampling have been said to add "another layer of complexity to copyright law." (2) This complexity has created a burden for the advancement of rap music, a genre that depends on sampling, almost entirely, for its distinctiveness. (3) The lack of a clear legal standard promulgated to handle digital sampling has led to a wealth of copyright scholarship. In fact, the popular appeal of ...

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