Nice Slate story HERE on how excessive copyright enforcement killed a whole genre of art.
The rich sonic landscape of Paul's Boutique is produced by layering and repeating of over 300 unique samples. But in 1991 the outcome of Grand Upright Music v. Warner Bros. Records was that it became prohibitively expensive to do this, killing the artform. The Slate article concludes:
Even as hip-hop is more mainstream than ever, one of the key musical innovations has been pushed to the margins. That should serve as a reminder that the battles over intellectual property don’t merely pit the economic interests of creators against would-be freeloading consumers. The existing stock of recorded music is, potentially, a powerful tool in the hands of musicians looking to create new works. But it’s been largely cut off from them—for no good reason. Congress could enact a mandatory licensing scheme in which you pay a modest fixed fee to sample an existing recording for commercial purposes. Or it could create a legislative safe harbor, stipulating that samples under some set length automatically qualify as a fair use. But it won’t, because in the music and movie industries, the only kind of copyright laws Congress is willing to pass are ones that give more power to copyright holders, not less.
Unfortunately, every time the copyright on Mickey Mouse is about to expire, Congress responds by limiting fair use even further, and the Supreme Court sides with industry against good sense and the Constitution of the United States.