Appeals court rules brief "Vogue" horn sample was not copyright infringement

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Anyone have a link to Love Break? Canā€™t find it.

If it is the horn hit I think it is - how do they know it is a sample? Judge even said it didnā€™t sound identical. How can you possibly copyright a NOTE or CHORD?

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Sorry but weird, misogynistic video aside, Blurred Lines sounds distinctly like Got to Give it Up, upon hearing just the first few notes; whereas a quarter second sample is unlikely to even register for most listeners.

Besides, wasnā€™t there already some rule in place about music samples with a duration of less than 7 seconds, or am I mistaken?

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No ruling on her appropriation of black, gay culture, though?

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To be fair, Madge has been a ā€œculture vultureā€ to pretty much everyone by now.

Thatā€™s what happens when youā€™re always trying to ā€˜reinventā€™ your image every few years so as to stay relevant.

That being said, that particular appropriation did give some exposure to Ball Cultureā€¦

ā€œShe bring it to you every ball!ā€

http://media.vogue.com/r//2016/01/21/00-holding-paris-is-burning1.gif

ā€œHouse of Ninja!ā€

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And letā€™s add a layer of complexity to this - when Bowie did this very thing, constant reinvention heā€™s celebrated, while Madonna is condemned for it! Because when (white) men do it, itā€™s cool, but when (white) women do it, itā€™s trite.

Of course, bell hooks had no time for either Madonnaā€™s appropriation or Paris is Burning! But itā€™s a great documentary and an interesting look into the voguing subculture.

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I dunno, I think she is celebrated too. Maybe not as much as Bowieā€¦ I guess that it is subjective. I mean yes I have heard criticisms, such as what you said above, but at the same time I have heard accolades. Pretty sure when she dies they will be focusing on those accolades from her career.

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Fair point, although when I think of Bowieā€™s method of reinvention, not too much of his evolution smacks of appropriation to me:

Whereas Madonna is a different story, IMO:

0_o

Itā€™s so awesome that youā€™ve actually seen it.

Now, I really want to see a similar documentary that came out recently; Kiki.

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Oh, no doubt. I just think you hear more criticism of her than of Bowie for them doing the same thing (the reappropriation of culture into the mainstream).

Thatā€™s a good point, too. Iā€™m sure there have been 100 dissertations written on just this point, actually. But couldnā€™t you say that Bowie has also reappropriated underground cultures (sometimes gay cultures) for his own ends? Or people? Look at his relationship to Klaus Nomiā€¦

Had not heard of itā€¦ Iā€™ll have to check it out!

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I love you.

I also wonder why the courts arenā€™t employing high-tech solutions such asā€¦ ohā€¦ a fast Fourier transform, which has been around for decades, to actually detect actual sampling?

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Awā€¦

Youā€™d think theyā€™d do that, but not so far, I guess. They are relying on the wisdom of experts to figure that shit out, I guess and each side brings in its own experts, Iā€™m sure. So you have competing expertsā€¦

Bowie had gobs of musical talent. Madonnaā€™s main talent seems to be self marketing.

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Really? I thought she did a lot of great songs and videos, like, well, Vogue, and Ray of Light, and all the other great tunes weā€™ve enjoyed over the years. I could remember a few others if I warmed to the task. And itā€™s not like she didnā€™t work on her craft, remember how much better her voice got after Evita. Iā€™d agree that she pushed herself on us harder than Bowie did, and that Bowie let himself cover a lot more ground in his mental excursions.

The 9th circuit court found that the sample was ā€œde minimusā€

De minimis. Itā€™s plural*, and de takes the ablative.

Sorry, I did Latin at school, and our teacher wasnā€™t a million miles from this:

except with a voice and stare as chilly as the uplands of Pluto.

[* Edited to add: and neuter.]

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I think the real legal principle to learn from the Marvin Gaye incident is: trial lawyers, keep your client off the stand if everyone thinks heā€™s a twat.

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" Which perhaps explains why an extensively imitative passage with no direct sampling might be found infringing, but a short sample re-used in a novel and transformative way is not."

In the first case, there is a dispute over claims of authorship, and in the second there isnā€™t. The users of the sample arenā€™t claiming they created the sample, only that they have a fair use right to use it.

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It buttons on the right side,.IT BUTTONS ON THE RIGHT SIDE!

Am I missing a clever reference with my unclever brain meats?

The gentleman in the shiny white dinner jacket

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IDK, he worked with Nile Rodgers but did he really try to co-opt into movements without collaborating?