this post was submitted on 08 Jan 2024
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It's happened, like I say I can't find it either now. It might have been the copyright owner who died. But fans use AI to find samples in old songs now. You can do it yourself.
Unfortunately copyright claims get buried as they don't look good for either party.
In principle though, do you consider an unrecognisable sample copyright infringement. Because I get the feeling of I put the effort in to dig and cite examples for you, you'd then just move on to claiming it's still somehow different if AI does it.
Nope, I do not consider an unrecognized sample as copyright infringement. Or, I don't believe it should be ruled as such by the courts.
If you can't reasonably recognize the source material, and it's so different that only AI looking at bits could identify similarities, that doesn't cross the threshold in my opinion.
I actually don't think most sampling should be considered infringement, assuming the new song is actually a new work.
It's all about how transformative the work is.