Differences Between Sampling Music and Stealing Music

Section 1: Introduction

This essay is presented for evaluating the relevant difference between sampling music and stealing music. The aim of this essay is to focus on illustrating concepts of sampling music and stealing music and how they are interrelated and different from each other. Initially, sampling of music focuses on taking a part of particular music and recording it in another form of music. However, sampling of music is developed by taking a piece of music and using electrified instruments to change it a bit. There are various electrified machines available that are used by musicians for altering music and scratching the old form to convert it into a new form.

A sampling of music is increasing gradually in recent times and to maintain stealing issues appropriate copyright laws are being followed. Intellectual properties and ethics are implemented with the sample for avoiding stealing issues. However, sampling of music is implemented after taking permission from the owner of the music. There are chances of implementing sampling of music by recording new songs with the owner of music for maintaining copyright violations. Stealing music is an illegal act that is attained by numerous artists secretly without asking the owner of the music.

Unauthorized reproduction of distributed copyright is done illegally for proceeding with stealing of music. There are additional possibilities of stealing music from unknown artists who are not popular. The unknown artists do not implement copyright policies and laws on their music and because of that the popular artists. Apart from that, other artists present on music platforms tend to implement the act of stealing music. Sampling music and stealing music are different from each other as one of them is done legally and the other one is done illegally. However, both acts are active on music platforms and are implemented for forming new music to attain fame and popularity in the music field.

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The essay is represented by developing three sub-points in the main body, firstly, explaining and outlining key elements of sampling music and stealing music. Secondly, appropriate authentic scholarly evidence is provided for evaluating both acts of sampling music and stealing music. Lastly, the entire concept and topic are discussed thoroughly for better evaluation and understanding.

Main body

Section 2: Explanation and outline

Concept and benefits of sampling music

Sampling music is considered an act of developing old music in a new form with the help of digitized musical instruments. As opined by Pachet, Papadopoulos, and Roy (2017), experiments are evaluated sequentially for enhancing music standards and identifying music similarities. Sampling music is considered a beneficial act because it helps in introducing old music to new generations in a new form that is liked by the youth. Initially, famous old songs are selected for proceeding with sampling music acts because it increases the possibility of obtaining additional success of new sampled music. The artists focus on changing background vocals and replacing them with hooks of mainstream artists.

Sampling music is considered as an advancement to the music industry and the adoption of sampling music by music producers is increasing gradually. Music producers focus on creating new and innovative music pieces with existing music samples. As per the view of Randall, and Rickard (2017), sample tests are performed in sample music for identifying differences in frequencies and other aspects. The music producers use numerous machines and techniques for chopping, mixing, looping, and scouring the existing music sample to regenerate it in a new form. Sampling music develops appreciation among different cultures and connects music lovers.

Sampling music connects different cultural people, such as sampling of traditional music in pop culture connects pop culture and traditional culture together. Connecting different cultures using sampling music is becoming popular in recent times and because it influences other platforms such as dance and instruments. As cited by Jütte, and Quintais (2019), minimize thresholds are identified during sampling methods for reproducing a new song. Hence, the act of sampling music is improving with additional advanced technologies and techniques in music platforms. New emerging music editing software is developed for enhancing sampling music methods gradually.

Concept of Stealing music and its consequences

Stealing music is another form of sampling music illegally because stealing music is done with taking permission of the owner of the original music. However, certified musicians enacted the Copyright Act of 1976 with their pieces of music. As per the Copyright Act of 1976 stealing or sampling music without permission is illegal and if it is done proper legal actions can be taken. According to Waldfogel (2017), according to the privacy act, stealing music is considered an illegal act in the music industry. Due to which there is less possibility of stealing music from certified and famous music artists and thus stealing music is imposed on unknown artists.

There are numerous musical producers and artists that secretly steal or take samples of music from unknown artists. However, if a small amount of portion is used from an existing work without permission it is considered as stealing music. Stealing music does not focus on the amount rather it focuses on the perspective of the artist. Apart from that, if once permission is granted for sampling existing music, which does not mean the existing music can be used continuously numerous times. As per the view of Trabucchi et al. (2017), new dimensions are added to technologies and techniques for sampling music. The legal actions are taken regarding the Copyright Act; the Court analyses different factors and purposes of sampling existing music.

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Initially, the court evaluates the purpose and nature of using samples of existing music. Secondly, the amount of sustainability is measured in both previous and new work for differentiating both works. As per the view of Behr, Negus, and Street (2017), samples of music are derived from prior recordings and then recorded in a system of legalities and licensing. Lastly, harm caused to the owner of the original music is evaluated for understanding reasons for implementing the Copyright Act.

Section 3: Evidence and opinion

Need of digital music sampling for fair uses

The need for digital music sampling for fair uses is increasing vigorously in musical platforms for avoiding acts of stealing music and improving sampling music methods. As per the view of Eckhause (2019), the adoption of digital music sampling in visual art cases has developed fair practices for sampling music acts. The Copyright Act instructions of the court are analysed and implemented in digital music sampling.

Fair uses of existing music have potentially developed the music market and enhanced original work. As cited by Brown, and Krause (2020), live music and digital files are considered as one of the most liked forms of music by the audience. There are different online platforms such as YouTube that automatically detect stealing of existing music. The implementation of the Copyright Act is automatically imposed on that particular video or audio for avoiding stealing music.

Section 4: Discussion on the topic

The evaluation of concepts and ideas about both sample music and stealing music has demonstrated fair differences among them clearly. The benefits of sample music and the consequences of stealing music have demonstrated the idea of legal and illegal acts of sampling music. As opined by Di Cosmo (2017), the sampling method is implemented in various genres of music. Sampling music and stealing music are two main segments of the music industry that evaluates the tasks performed in the music field.

The authentic evidence and opinions presented in this essay evaluate the following question in an authentic way. The requirement of the Copyright Act in music platforms is illustrated by providing effective knowledge in this essay. As cited by Youngblood (2019), sampling methods are transmitted culturally for collaborating different sampling events and artists. As per the analysis, it is evaluated that sampling music and advanced sampling techniques can enhance the market growth in the music field. However, to avoid stealing music appropriate actions and measures should be imposed on different virtual platforms.

Section 5: Conclusion

As per the analysis made from this essay, it is concluded that the sampling method and stealing method are different from each other. However, both the acts are interlinked with each other as one is done legally and the other one is done illegally. Therefore, both are implemented on existing music samples, and then by making relevant changes music is regenerated in a new form. However, sampling music proceeds as per consideration of the Copyright Act and by taking permission of the owner of the music. Whereas, the stealing method does not consider Copyright Act and imposes unauthorized changes in Copyright Act for stealing existing music samples without taking permission from the owner.

The essay explained and outlined key elements of the sampling act and stealing act for illustrating methods of each act and their role in the music industry. Sampling act is appreciated and adopted increasingly by music producers and artists for regenerating old songs into new forms. Popular songs are considered to be used as sample music because it results in the increasing market value of the existing song. Therefore, numerous techniques and methods were enhanced and developed using advanced recent technologies for performing several techniques of sampling music acts.

The stealing of music is considered illegal and therefore, numerous measures are developed for tracking, stealing music acts, and stopping it. Stealing of music can harm the owner in non-statutory type and the profit obtained from the particular music is not provided to the owner. Hence, various virtual platforms have associated automatic methods of tracking stealing music and imposing Copyright Act on the particular user. This helps in tracking users performing stealing acts and stops them from doing illegal acts and harm to the user.

This conclusion is an important part of this essay because it covers all sections and has successfully demonstrated the difference between sampling and stealing music. The conclusion part has discussed the importance of each section and its benefits in this essay. The other aspects and acts that are related to sampling music and stealing music acts are demonstrated in this conclusion. The overall evaluation and different elements of sampling music and stealing music are concluded in this part.

Reference

Behr, A., Negus, K. and Street, J., 2017. The sampling continuum: musical aesthetics and ethics in the age of digital production. Journal for Cultural Research, 21(3), pp.223-240. Available at: https://www.tandfonline.com/doi/pdf/10.1080/14797585.2017.1338277

Brown, S.C. and Krause, A.E., 2020. Freedom of choice: Examining music listening as a function of favorite music format. Psychomusicology: Music, Mind, and Brain, 30(2), p.88. Available at: https://researchonline.jcu.edu.au/62724/2/JCU_Brown%26Krause2020_fave_PrePrint.pdf

Di Cosmo, F., 2017. Return of the De Minimis Exception in Digital Music Sampling: The Ninth Circuit’s Recent Holding in VMG Salsoul Improves Upon the Sixth Circuit’s Holding in Bridgeport, But Raises Questions of its Own. Wash. UL Rev., 95, p.227. Available at: http://openscholarship.wustl.edu/cgi/viewcontent.cgi?article=6268&context=law_lawreview

Eckhause, M., 2019. Digital Sampling v. Appropriation Art: Why Is One Stealing and the Other Fair Use: A Proposal for a Code of Best Practices in Fair Use for Digital Music Sampling. Mo. L. Rev., 84, p.371. Available at: https://scholarship.law.missouri.edu/cgi/viewcontent.cgi?article=4379&context=mlr

Jütte, B.J. and Quintais, J., 2019. Advocate general turns down the music–sampling is not a fundamental right under EU copyright law. European Intellectual Property Review. 1(1), pp. 1-7. Available at: https://www.researchgate.net/profile/Joao-Quintais/publication/332946502_Advocate_General_turns_down_the_music_-_sampling_is_not_a_fundamental_right_under_EU_copyright_law/links/5cd2d9ab92851c4eab8a2b97/Advocate-General-turns-down-the-music-sampling-is-not-a-fundamental-right-under-EU-copyright-law.pdf

Pachet, F., Papadopoulos, A. and Roy, P., 2017. Sampling Variations of Sequences for Structured Music Generation. In ISMIR 18(1) (pp. 167-173). Available at: https://archives.ismir.net/ismir2017/paper/000050.pdf

Randall, W.M. and Rickard, N.S., 2017. Reasons for personal music listening: A mobile experience sampling study of emotional outcomes. Psychology of Music, 45(4), pp.479-495. Available at: https://www.academia.edu/download/49364245/Psychology_of_Music-2016-Randall-0305735616666939.pdf

Trabucchi, D., Pellizzoni, E., Buganza, T. and Verganti, R., 2017. Interplay between technology and meaning: How music majors reacted?. Creativity and Innovation Management, 26(4), pp.327-338. Available at: https://re.public.polimi.it/bitstream/11311/1051337/2/PostPrint.pdf

Waldfogel, J., 2017. How digitization has created a golden age of music, movies, books, and television. Journal of economic perspectives, 31(3), pp.195-214. Available at: https://pubs.aeaweb.org/doi/pdfplus/10.1257/jep.31.3.195?source=post_page—————————

Youngblood, M., 2019. Conformity bias in the cultural transmission of music sampling traditions. Royal Society open science, 6(9), p.191149. Available at: https://royalsocietypublishing.org/doi/pdf/10.1098/rsos.191149

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