Blind Justice
Everyone is familiar with the following story:
- A group finds an obscure old record in a second hand vinyl store.
- They find a 10 second riff that they like.
- They Sample it and then build a whole track around that sample and create something that is truly unique and creative.
- A record label likes it and releases it
This happened to Djuma Soundsystem, an electronic music group from Denmark. Only Djuma got also sued by the copyright owner of the riff that they sampled, and have been fined by the Danish court for 100 000 Euros, thereby setting a precedent for music copyright cases in Denmark. (read the full story on the Copenhagen post online).
The case is very straightforward yet to some extent it is complicated. Because the reason why the group got sued in the first place was because one of the members contacted the person who owned the copyright to the sample only after the remix got released.
The band obviously has not made a lot of money from the record as it was released on an underground music label so the copyright fine might be considered as disproportionately big. But on the other hand the band was aware of what they were doing and should not have let their conscience get to them and should not have started searching for the copyright owner to clear the samples only after the track got released.
But it is too late for should haves. Yet in cases like these you just realize how stupid the copyright law really is.
Djuma took a 10 second sample and spent lots of time and energy on turning the sample into something new, something unique and something very personal. And now a guy comes along, who is not even the creator of the original but just the owner of the copyright, and asks for money? I guess justice is blind. And so is the judge who made the decision. Because according to him there is no difference between the original and the remix.
Well see for yourself:
The original
The remix (start from 2:20)
Is there a difference? Obviously there is, but I guess the prevalence of the guitar riff throughout the Djuma track makes it identical with the original… Apart from the obvious problem of copyright law being very flimsy, examples like this where underground artists get fined ridiculous amounts of money for using a sample “illegally” also point to copyright law’s nature of limiting artistic freedom of expression and creativity.
It’s been an ongoing trend now for some years that R&B and Hip Hop artists started to collaborate with electronic dance artists. 



