This study evaluates the current application of United States copyright law in music sampling cases and used the Danger Mouse's Grey Album as a case in point. The following research questions structured the investigation: Are the current applications of United States copyright law appropriate for digital sampling in an international intellectual property environment? Is the practice of digital sampling stealing or recycling? How might the American legislature change copyright law to more clearly guide musical artists on the use of digital sampling? The research includes a review of sampling and its history, international and American copyright history, and the applicable elements of the Copyright Act of 1976, as well as interviews with legal professionals and musicians. The research suggests that the Copyright Act of 1976 is not adequate to address the technology and practices of digital sampling musicians, and that Congress needs to act precisely to amend the law and meet international legal standards.
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Sirois et al. (2006) studied this question.
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