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Wittlich, Gary. For the most part record companies do not wish to take possible infringement cases as far as court, preferring a cash settlement with the would-be sampler. The practice of digital sampling, or physically copying sounds from one recording to another through use of digital technology, has been ongoing for well over a decade, and is becoming more and more widespread amongst mainstream artists. Permission from the owner should also be sought when sampling a television show or film. The influence of technology on the human environment has resulted in a relative saturation by canned ideas, images, music and text through multimedia devices. New York: As regards digital sampling from sound recordings specifically, the copyright in sound recordings differs from that of literary, artistic and musical works where originality is required in order for the work to attract copyright.

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Legis This is blatant copyright infringement it is true, however, appropriationist art techniques and sampling culture are completely foreign to bootlegging methods. No originality is required for a recording to attract copyright and the substantiality test is slightly different.

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A resultant muddy area of the law where they are attempting to isolate illegitimate sampling, bootleggers and criminals has resulted in genuine artists and musicians being trapped and constricted by the legislation.

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