In the current “post-sampling” era of digitalized popular music production, the practice of sampling exists withing a spectrum of musical practice, and the intermingling of practices has implications for the legal, moral, and aesthetic aspects of sampling. The basic legality of sampling—is a copyrighted recording cleared to use or not—is a technical question, but often the similarity between a musical work and the source of a sample is marginal at best (unlike in examples of plagiarism). Sampling law also favors copyright holders over the musicians whose contribution is sampled. The morality of sampling is discussed by musicians across genres, with significant overlap in how originality and copying are treated in other forms of musical borrowing. Distinctions between legitimate and illegitimate practices are made through generic codes, but there are grey areas to consider. The wide availability of digital sampling has made the sampling aesthetic a significant part of popular music production. The resulting cultural shift in attitudes toward sampling—post-sampling—is widespread but unevenly realized in moral and legal discourse.

Works: The Verve: Bittersweet Symphony (225-26).

Sources: Rolling Stones: The Last Time (225-26).

Index Classifications: 1900s, 2000s, Popular

Contributed by: Matthew Van Vleet