Podcast appearances and mentions of peter dicola

Dan Charnas, author of the 2023 PEN Literary Award-winning biography of Detroit music icon J-Dilla, joins Stephen to discuss music sampling - the art of one artists sound recording in another piece of music - and how he would expand protections for sampling artists. Then, Northwestern law professor Peter DiCola stops by to discuss the current law surrounding music sampling, followed by entertainment and intellectual property attorney Richard Busch, who makes the case for the current laws protecting original creators.

Listen closely to the start of the 2015 hit "Hey Mama" by David Guetta, Nicki Minaj, Afrojack, and Bebe Rexha and you'll hear voices intoning a chant: "Be my woman, girl, I'll be your man." It's sample from a 1948 recording called "Rosie," and it's the propulsive hook of "Hey Mama," driving the song to over a billion views on YouTube. The voices in the sample belong to CB Cook and ten other unidentified prisoners at the Mississippi State Penitentiary, aka Parchman Farm. These men never got credit for their work, even though it's been reused by everyone from Guetta to the Animals to Nina Simone. We investigate the story of "Rosie" to understand an inequity that lies at the heart of the music business and our national consciousness. Songs Discussed David Guetta ft Nicki Minaj, Bebe Rexha, and Afrojack - Hey Mama CB Cook and Axe Gang - Rosie The Animals - Inside Looking Out Grand Funk Railroad - Inside Looking OUt KRS-One - Sound of Da Police Jay Z - Takeover Nina Simone - Be My Husband Check out Kembrew McLeod's and Peter DiCola's book Creative License to learn more about the law and culture of digital sampling. Learn more about your ad choices. Visit megaphone.fm/adchoices

One hallmark of important art, in any medium, is a thoughtful relation with artistic precursors. Every artist reckons with heroes and rivals, influences and nemeses, and the old work becomes a part of the new. In Adam Bradley’s seminal monograph on hip-hop lyrics, Book of Rhymes, legendary MC Mos Def describes his desire to participate in posterity: “I wanted it to be something that was durable. You can listen to all these Jimi records and Miles records and Curtis Mayfield records; I wanted to be able to add something to that conversation.” In the last thirty years, technology has transformed the conversation between past and present musicians: it is now possible to quote a previous work not only note for note, but byte for byte. The turntable and the sampler are the hip-hop artist’s quintessential instruments. The culture of hip-hop bricolage, coupled with intense commercial pressures in the recording industry and an inevitable proliferation of rip-off artists, has created difficult challenges for copyright law and for the concept of licensing. Several cultures must adapt to each other, and often they are doing so in the courtroom. In a study both comprehensively theoretical and rich with the voices of musicians and producers, Kembrew McLeod and Peter DiCola have addressed together both the legal and the cultural implications of digital sampling in the music industry. Creative License: The Law and Culture of Digital Sampling (Duke University Press, 2011), in tandem with related multimedia projects from the Future of Music Coalition, lays out what they have learned and suggests a way forward for the industry in the digital age. Learn more about your ad choices. Visit megaphone.fm/adchoices

One hallmark of important art, in any medium, is a thoughtful relation with artistic precursors. Every artist reckons with heroes and rivals, influences and nemeses, and the old work becomes a part of the new. In Adam Bradley’s seminal monograph on hip-hop lyrics, Book of Rhymes, legendary MC Mos Def describes his desire to participate in posterity: “I wanted it to be something that was durable. You can listen to all these Jimi records and Miles records and Curtis Mayfield records; I wanted to be able to add something to that conversation.” In the last thirty years, technology has transformed the conversation between past and present musicians: it is now possible to quote a previous work not only note for note, but byte for byte. The turntable and the sampler are the hip-hop artist’s quintessential instruments. The culture of hip-hop bricolage, coupled with intense commercial pressures in the recording industry and an inevitable proliferation of rip-off artists, has created difficult challenges for copyright law and for the concept of licensing. Several cultures must adapt to each other, and often they are doing so in the courtroom. In a study both comprehensively theoretical and rich with the voices of musicians and producers, Kembrew McLeod and Peter DiCola have addressed together both the legal and the cultural implications of digital sampling in the music industry. Creative License: The Law and Culture of Digital Sampling (Duke University Press, 2011), in tandem with related multimedia projects from the Future of Music Coalition, lays out what they have learned and suggests a way forward for the industry in the digital age. Learn more about your ad choices. Visit megaphone.fm/adchoices

One hallmark of important art, in any medium, is a thoughtful relation with artistic precursors. Every artist reckons with heroes and rivals, influences and nemeses, and the old work becomes a part of the new. In Adam Bradley’s seminal monograph on hip-hop lyrics, Book of Rhymes, legendary MC Mos Def describes his desire to participate in posterity: “I wanted it to be something that was durable. You can listen to all these Jimi records and Miles records and Curtis Mayfield records; I wanted to be able to add something to that conversation.” In the last thirty years, technology has transformed the conversation between past and present musicians: it is now possible to quote a previous work not only note for note, but byte for byte. The turntable and the sampler are the hip-hop artist’s quintessential instruments. The culture of hip-hop bricolage, coupled with intense commercial pressures in the recording industry and an inevitable proliferation of rip-off artists, has created difficult challenges for copyright law and for the concept of licensing. Several cultures must adapt to each other, and often they are doing so in the courtroom. In a study both comprehensively theoretical and rich with the voices of musicians and producers, Kembrew McLeod and Peter DiCola have addressed together both the legal and the cultural implications of digital sampling in the music industry. Creative License: The Law and Culture of Digital Sampling (Duke University Press, 2011), in tandem with related multimedia projects from the Future of Music Coalition, lays out what they have learned and suggests a way forward for the industry in the digital age. Learn more about your ad choices. Visit megaphone.fm/adchoices

One hallmark of important art, in any medium, is a thoughtful relation with artistic precursors. Every artist reckons with heroes and rivals, influences and nemeses, and the old work becomes a part of the new. In Adam Bradley’s seminal monograph on hip-hop lyrics, Book of Rhymes, legendary MC Mos Def describes his desire to participate in posterity: “I wanted it to be something that was durable. You can listen to all these Jimi records and Miles records and Curtis Mayfield records; I wanted to be able to add something to that conversation.” In the last thirty years, technology has transformed the conversation between past and present musicians: it is now possible to quote a previous work not only note for note, but byte for byte. The turntable and the sampler are the hip-hop artist’s quintessential instruments. The culture of hip-hop bricolage, coupled with intense commercial pressures in the recording industry and an inevitable proliferation of rip-off artists, has created difficult challenges for copyright law and for the concept of licensing. Several cultures must adapt to each other, and often they are doing so in the courtroom. In a study both comprehensively theoretical and rich with the voices of musicians and producers, Kembrew McLeod and Peter DiCola have addressed together both the legal and the cultural implications of digital sampling in the music industry. Creative License: The Law and Culture of Digital Sampling (Duke University Press, 2011), in tandem with related multimedia projects from the Future of Music Coalition, lays out what they have learned and suggests a way forward for the industry in the digital age. Learn more about your ad choices. Visit megaphone.fm/adchoices

One hallmark of important art, in any medium, is a thoughtful relation with artistic precursors. Every artist reckons with heroes and rivals, influences and nemeses, and the old work becomes a part of the new. In Adam Bradley’s seminal monograph on hip-hop lyrics, Book of Rhymes, legendary MC Mos Def describes his desire to participate in posterity: “I wanted it to be something that was durable. You can listen to all these Jimi records and Miles records and Curtis Mayfield records; I wanted to be able to add something to that conversation.” In the last thirty years, technology has transformed the conversation between past and present musicians: it is now possible to quote a previous work not only note for note, but byte for byte. The turntable and the sampler are the hip-hop artist’s quintessential instruments. The culture of hip-hop bricolage, coupled with intense commercial pressures in the recording industry and an inevitable proliferation of rip-off artists, has created difficult challenges for copyright law and for the concept of licensing. Several cultures must adapt to each other, and often they are doing so in the courtroom. In a study both comprehensively theoretical and rich with the voices of musicians and producers, Kembrew McLeod and Peter DiCola have addressed together both the legal and the cultural implications of digital sampling in the music industry. Creative License: The Law and Culture of Digital Sampling (Duke University Press, 2011), in tandem with related multimedia projects from the Future of Music Coalition, lays out what they have learned and suggests a way forward for the industry in the digital age. Learn more about your ad choices. Visit megaphone.fm/adchoices

Karen Cooper Complex - "Jerkin' Pretty" - Shinjuku Birdwalk [1981] [Free Music Archive // Creative Commons BY-NC-ND] Bum Creek - "Bollywood" - The Sound Of Young Canberra [V/A] [Free Music Archive // Creative Commons BY-NC-ND] Kidkaneivel - "Zo0o0o0p!!! feat. Oddisee" - Jus Like Music & Apple Juice Break present: Oscillations Part 2 [Free Music Archive // Creative Commons BY-NC-ND] ACT - "ESPioNS" - Revenge Toy [Dogmazic's FMA mix // Creative Commons BY-NC-SA] Music behind DJ: Smoked Meat Fax Machine - "Slums of Heaven" - Slums of Heaven [Free Music Archive // Creative Commons BY-NC-SA] Girl Talk - "Jump On Stage" - All Day [ Girl Talk @ Illegal Art // All Day Samples dot com // Creative Commons BY-NC] Set: talking Girl Talk w/ Peter DiCola On November 14th, the Illegal Art label dropped All Day, the first release in over two years by the world's most renowned mashup artist Girl Talk. The free, purportedly "Creative Commons" release is a pop culture kaleidoscope with 372 overlapping samples of songs by the likes of The Rolling Stones, Prince, Nirvana and Beyoncé. Girl Talk claims this is a transformative fair use, and we'd like to believe him, but then again, it was released on a label called "Illegal Art". So why hasn't Girl Talk been sued? We'll address this question and more with law professor Peter DiCola, an expert on copyright law’s regime for digital sampling, and co-author (with Kembrew McLeod) of the forthcoming book Creative License: Digital Sampling, Culture, and the Law. End of set Sushishooshamp - "Funambule (hip-hop version)" [Dogmazic's FMA mix // Creative Commons BY-NC-SA] Amanda - "Up Against the Wall Redneck Mama" - Power Child FMA Sampler [Free Music Archive // Creative Commons BY-NC-SA] The Sediment Club - "Panic Berlin Fun" - Live at WFMU on Talk's Cheap 7/7/2009 [Free Music Archive // Creative Commons BY-NC-ND] Mazing Vids - "Could You Die" - Drastic Mirth [Free Music Archive // Creative Commons BY-NC-ND] Sharitah Manush - "Beyond the Universe" - Dogmazic mix [Free Music Archive // Creative Commons BY-NC-ND] Hayvanlar Alemi - "Guarana Superpower" - Demolar 2007-2008 [ if you think this sounds good, you should hear this Turkish group's new Sublime Frequencies LP!] http://www.wfmu.org/playlists/shows/38164

Karen Cooper Complex - "Jerkin' Pretty" - Shinjuku Birdwalk [1981] [Free Music Archive // Creative Commons BY-NC-ND] Bum Creek - "Bollywood" - The Sound Of Young Canberra [V/A] [Free Music Archive // Creative Commons BY-NC-ND] Kidkaneivel - "Zo0o0o0p!!! feat. Oddisee" - Jus Like Music & Apple Juice Break present: Oscillations Part 2 [Free Music Archive // Creative Commons BY-NC-ND] ACT - "ESPioNS" - Revenge Toy [Dogmazic's FMA mix // Creative Commons BY-NC-SA] Music behind DJ: Smoked Meat Fax Machine - "Slums of Heaven" - Slums of Heaven [Free Music Archive // Creative Commons BY-NC-SA] Girl Talk - "Jump On Stage" - All Day [ Girl Talk @ Illegal Art // All Day Samples dot com // Creative Commons BY-NC] Set: talking Girl Talk w/ Peter DiCola On November 14th, the Illegal Art label dropped All Day, the first release in over two years by the world's most renowned mashup artist Girl Talk. The free, purportedly "Creative Commons" release is a pop culture kaleidoscope with 372 overlapping samples of songs by the likes of The Rolling Stones, Prince, Nirvana and Beyoncé. Girl Talk claims this is a transformative fair use, and we'd like to believe him, but then again, it was released on a label called "Illegal Art". So why hasn't Girl Talk been sued? We'll address this question and more with law professor Peter DiCola, an expert on copyright law’s regime for digital sampling, and co-author (with Kembrew McLeod) of the forthcoming book Creative License: Digital Sampling, Culture, and the Law. End of set Sushishooshamp - "Funambule (hip-hop version)" [Dogmazic's FMA mix // Creative Commons BY-NC-SA] Amanda - "Up Against the Wall Redneck Mama" - Power Child FMA Sampler [Free Music Archive // Creative Commons BY-NC-SA] The Sediment Club - "Panic Berlin Fun" - Live at WFMU on Talk's Cheap 7/7/2009 [Free Music Archive // Creative Commons BY-NC-ND] Mazing Vids - "Could You Die" - Drastic Mirth [Free Music Archive // Creative Commons BY-NC-ND] Sharitah Manush - "Beyond the Universe" - Dogmazic mix [Free Music Archive // Creative Commons BY-NC-ND] Hayvanlar Alemi - "Guarana Superpower" - Demolar 2007-2008 [ if you think this sounds good, you should hear this Turkish group's new Sublime Frequencies LP!] https://www.wfmu.org/playlists/shows/38164