Sampling and Sound Recordings: The De Minimis Defense

10 09 2010

Dear Rich: I’m a music publisher and I read Newton v. Diamond in which the Beastie Boys were able to sample a flute recording without getting permission from the composer. Does this case really say conclusively that a master rights holder can license the recording of a composition and be compensated for it, while a de minimis use of the composition contained in that same master recording can be sampled for free?


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