Author(s)

Zhengyang Lu ¹

Affiliation(s)

¹ East China University of Political Science and Law, Shanghai, China

Corresponding Author

Zhengyang Lu

ABSTRACT

With the rapid growth of digital music, music sampling has gained increasing interest as a new approach to music production. This thesis focuses on the boundary between music sampling and copyright protection and delves into the legal disputes and related solutions of music sampling by the analysis of the current situation of copyright protection of music sampling at home and abroad. This thesis first provides a clear explanation of music sampling and discusses its significance in contemporary musical creation. It next explores the applicability of key legal concepts like fair use, de minimis, and free use in the field of music sampling. Based on the comparison of domestic and foreign practice, the suggestions of optimizing the copyright protection of Chinese music sampling are proposed, aiming at balancing the relationship between the rights and interests of creators and music innovation and providing legal support for the healthy development of China's music industry.

KEYWORDS

Music Sampling, Copyright Protection, Fair Use, De Minimis, Free Use

CITE THIS PAPER

Zhengyang Lu, Study on the Boundary Definition of Music Sampling and Copyright Protection. Science of Law Journal (2024) Vol. 3: 77-85. DOI: http://dx.doi.org/DOI: 10.23977/law.2024.030311.

REFERENCES

[1] Cui Guobin. Copyright Law Cases and Materials [M]. Beijing: Peking University Press, 2014:652.
[2] Zhao Zhigong. Rap, Sampling, and Law [EB/OL]. (2018-10-27) [2020-09-07]. https://zhuanlan.zhihu.com/ p/ 45326295.
[3] Lu Tian. Analysis and Reconstruction of Legal Regulation Path of Music Sampling——From the Perspective of Regulatory Path in America and Germany [J]. Science of Law (Journal of Northwest University of Political Science and Law), 2019, 37(4):12.
[4] VMG Salsoul, LLC v. Ciccone, 824 F.3d 871 (9th Cir. 2016).
[5] Section 24(1) of the "Act on Copyright and Related Rights" states.

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