Whose song is it anyway?
A sample from a case-study series I wrote for a student starting a Master's in Intellectual Property. Real court cases on music sampling, the legal vocabulary to discuss them, and the Business English to negotiate a deal. Every lesson in a series like this is built around the student's field.
1Two copyrights, one song
Read the key idea first.
The melody, chords and lyrics. Usually owned by the songwriters and their publisher.
The actual recorded audio of one performance. Usually owned by the record label.
To sample a record legally, you generally have to clear both rights, and they are often owned by different people. That is why some artists interpolate instead: they re-record the melody with their own musicians, so they only need to clear the composition.
2Key vocabulary
Tap a term, then tap its meaning.
3Three real cases: who won?
Read each case and decide who you think won. Then see what the court decided.
4Advise a client
A producer asks you: “I want to loop three seconds of a famous record. Am I safe?” Using the three cases, what would your honest, professional answer be? Say it out loud first.
Notice the hedging: I’m afraid…, it may depend…, on balance…, I would strongly advise…
5The language of negotiation
Clearing a sample is a negotiation. How would you say these blunt lines professionally? Try first, then compare.
Need English for your field? Law, medicine, finance or tech: I build the classes around real cases and situations from your work.
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