How did the Depression-era folk-song collector Alan Lomax end up with a songwriting credit on Jay-Z’s song “Takeover”?

Why doesn’t Clyde Stubblefield, the primary drummer on James Brown recordings from the late 1960s such as “Funky Drummer” and “Cold Sweat,” get paid for other musicians’ frequent use of the beats he performed on those songs?

The music industry’s approach to digital sampling—the act of incorporating snippets of existing recordings into new ones—holds the answers. Exploring the complexities and contradictions in how samples are licensed, Kembrew McLeod and Peter DiCola interviewed more than 100 musicians, managers, lawyers, industry professionals, journalists, and scholars. Based on those interviews, Creative License puts digital sampling into historical, cultural, and legal context. It describes hip-hop during its sample-heavy golden age in the 1980s and early 1990s, the lawsuits that shaped U.S. copyright law on sampling, and the labyrinthine licensing process that musicians must now navigate.

The authors argue that the current system for licensing samples is inefficient and limits creativity. For instance, by estimating the present-day licensing fees for the Beastie Boys’ Paul’s Boutique (1989) and Public Enemy’s Fear of a Black Planet (1990), two albums from hip-hop’s golden age, the authors show that neither album could be released commercially today. Observing that the same dynamics that create problems for remixers now reverberate throughout all culture industries, the authors conclude by examining ideas for reform.

Book Release Readings and Events

To support the release of Creative License, Peter DiCola and Kembrew McLeod will be speaking at a number of locations around the country.

Saturday, Feb 26: Kembrew McLeod hosting a Roundtable: “A Cultural Economy Of Record Collecting, or, What Does Crate-Digging Have To Do With Cultural Policy?” at Experience Music Project’s Pop Conference in Los Angeles, CA. Details

Monday, March 7: Peter DiCola at Washington University, St. Louis, MO

Friday, March 18: Kembrew McLeod a guest on WBEZ’s Sound Opinions. Listen to the show | Download the podcast

Friday, April 8: Peter DiCola at University of Michigan - Ann Arbor, North Quad, room 2435. Screening of Copyright Criminals documentary at 7:00pm followed by discussion.

Thursday, April 14: Peter DiCola speaking to IP law students at American University – Washington College of Law, Washington, DC

Friday, April 15: Peter DiCola at American University - Washington College of Law, 4801 N. Massachusetts Ave., 6th Floor, Washington, DC. Reception at 4:00 PM, followed by a lecture and panel discussion at 4:30 PM. Sponsored by the Copyright Society, the Glushko Samuelson Clinic, and the Center for Social Media. Details

Saturday, April 16: Peter DiCola at Busboys and Poets 5:30 PM - 7:00 PM, Washington, DC. Details

Monday, April 18: Peter DiCola speaking to communications students at Temple University in Philadelphia, PA

Tuesday, April 19: Peter DiCola at Junto at P’unk Ave, 6:00 PM in Philadelphia, PA. Details

Wednesday, April 20: Peter DiCola speaking to music industry students at Drexel University Music Industry Program in Philadelphia, PA

Thursday, April 21: Peter DiCola at Riverread Bookstore in Binghamton, NY, 6:30 PM

Tuesday, April 26: Peter DiCola and Kembrew McLeod at Prairie Lights Bookstore in Iowa City, IA

About The Authors

Kembrew McLeod is Associate Professor of Communication Studies at the University of Iowa. He is the author of Freedom of Expression®: Resistance and Repression in the Age of Intellectual Property and Owning Culture: Authorship, Ownership, and Intellectual Property Law, and co-creator of the documentary film Copyright Criminals.

Peter DiCola is Assistant Professor at Northwestern University School of Law. He is a board member and former Research Director of the Future of Music Coalition.