(Via: Slate)Here are a few bits from an informative article on the "sample troll" and the negative effects this troll is having on hip-hop and music in general. Sampling is as much a part of hip-hop as the guitar is a part of rock n' roll. To its critics, sampling is nothing more than the outright theft of another artist's work. Even if this were true (it's not), this article states that often times the original artist such as George Clinton is not receiving money in these lawsuits, but rather these "sample trolls".
Who or what is a "sample troll"?
Last week, a mysterious company, Bridgeport Music Inc., sued hip-hop mogul Jay-Z, accusing him of breaking the law when he recorded his 2003 single "Justify My Thug." The song is an obvious nod to Madonna's "Justify My Love," but she is not the plaintiff. Instead, Bridgeport is suing because Jay-Z did something that is normal in hip-hop: sampling. He took a few notes, looped them in the background, and produced the tune. Bridgeport claims to own those notes, and is demanding a fortune in damages and a permanent ban on the distribution of the song.
Bridgeport is an unwelcome addition to the music world: the "sample troll." Similar to its cousins the patent trolls, Bridgeport and companies like it hold portfolios of old rights (sometimes accumulated in dubious fashion) and use lawsuits to extort money from successful music artists for routine sampling, no matter how minimal or unnoticeable.
Did the "sample troll" fake George Clinton's signature?
In the 1970s, Boladian and Bridgeport managed to seize most of the copyrights to Clinton's songs. How exactly they did so is highly disputed. However, in at least a few cases, Boladian assigned the copyrights to Bridgeport by writing a contract and then faking Clinton's signature (as described here). As Clinton put it in this interview, "he just stole 'em."
What are the costs and implications?
If the benefits are abstract, the costs imposed are obvious. Sample trolls have already changed the face of hip-hop. Early rap, like Public Enemy, combined and mixed thousands of sounds in a single album. That makes sense musically, but it doesn't make sense legally. Thousands or even hundreds of samples, under the Bridgeport theory, mean thousands of copyright clearances and licenses.Today, Public Enemy's breakout album, It Takes a Nation of Millions to Hold Us Back, would cost millions to produce or, more likely, would never have been made at all.


