The necessity of the De Minimis Defense Within Music Sampling

The necessity of the De Minimis Defense Within Music Sampling

Journal article

1 online resource

Nearly one in every five songs on the Billboard 100 in 2022 used sampled music from a previous song.1 In fact, one of the most popular albums to come out in 2022, Love, Damini, by well-known Afrobeats artist, Burna Boy, had a very notable sample on his top song. The song “Last Last,” known by many Afrobeats lovers to be the song of the summer, notably sampled Toni Braxton's “He Wasn't Man Enough.” In “Last Last,” Burna Boy opens up the song with a few lines, then immediately after he sings “Shayo” in the third line, Toni Braxton's sample begins. The sample continues in the background of “Last Last” throughout the entire song in a few seconds loop. The usage of Braxton's sample notably added an extra creative element to Burna Boy's song that likely would not have been there without the sample. The popularity of “Last Last” indicates the beneficial, creative impact the practice of sampling has on the music industry. In fact, it is arguable that Burna Boy's song would not have been as successful without the *564 usage of sampling. Thus, Burna Boy's highly-praised song largely emphasizes how notable and beneficial sampling is within the music industry.

Crossref

AIPLA Quarterly Journal, Fall 2023, Volume 51, Issue 4, p. 561.

[New York, NY] : Thomson Reuters, 2024.

English

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