Legitimise Creative Sampling in Music

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Legitimise Creative Sampling in Music

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"... that Directive 2001/29/EC be amended to allow for an exception for creative, transformative or derivative works within the parameters of the
Berne Three-Step Test."

We are asking the government to carry out this recommendation of The Gowers Review of Intellectual Property and agree with the review's reasoning.

"Musicians now have to clear rights with the owner of the sound recording and the publisher and negotiate a license fee before using a sample...

The crucial point should be whether transformative use compromises the commercial interests of the original creator or offends the artistic integrity of the original creator...

The courts ought to consider the impact of the new work on the sales of the older work... Creators would still be able to use defamation laws to prevent works that are offensive or damaging...

Transforming works can create huge value and spur on innovation ... The barriers that new musicians have to overcome are extremely high..."

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