Detection of a Misuse of Digital Sound Sampling Manifestations, Analysis Methods and Labelling Strategies in Connection with Copyright Infringements

Nowadays, rapid technical progress makes editing and changing music, film and picture recordings much easier, faster and better. Computers with editing software have replaced keyboards, synthesizers and analogue multi-track technology in music and film production. The methods of sampling differ from the conventional pirated copy in that using a sample involves extensive changes and editing of the original work. For a pirated copy, the original remains unaltered. Different sampling methods make the technical analysis and the legal classification more difficult. Only if an analysis has been successful, can a copyright infringement be prosecuted. Specific analysis methods make it easier to clearly identify the use of samples. Labelling technologies that are applied correctly make an important contribution to the effective detection of unauthorised sound sampling. There are various articles on sound sampling with regard to copyright and many articles on individual technical methods. However, there are hardly any holistic views that integrate the problem of sound sampling into the fields of analysis, identification, and labelling. In combination with specific technical protective mechanisms against sampling, an unauthorised use of samples protected by copyrights can be prevented or reduced. Using and sampling somebody else's piece of music or video can be a copyright infringement. The copyright and the neighbouring rights of performing artists and the neighbouring rights of phonogram producers are affected by the consequences of illegal sampling. Violations of personality rights and competition law may also lead to legal disputes.