Hastings Communications and Entertainment Law Journal


In Campbell v. Acuff-Rose, the United States Supreme Court discussed digital sampling technology and the question of fair use for the first time. While most of the attention given Campbell has involved the question of fair use, this article raises several interesting questions about the impact digital sampling will have on this unexplored area of copyright protection. The authors suggest creative incentives for original authors may be safeguarded by analyzing intermediate copying as a separate use of copyrighted work.