How Copyright Law Stifles Creativity

Copyright law acts as a double edge sword that not only protects the rights of musicians but stifles the creative process for others. Songs that used heavy sampling simply can not be made anymore given the high cost of clearing samples. In an Atlantic interview with the author of Creative License: The Law and Culture of Digital Sampling, Kembrew McLeod spoke about some of the economic modeling conducted during the research of his book. He focused on two songs in particular: The Beastie Boys’ Paul’s Boutique and Public Enemy’s Fear of a Black Planet. Both songs used a number of samples and he was able to approximately calculate how much money it would cost the record label to clear these songs today. For The Beastie Boys’ Paul Boutique, the combined cost Capital Records would have to pay for all the samples would be approximately 20 million dollars on a record that sold 2.5 million copies. Fear of a Black Planet had very similar results. McLeod believes that these songs would be financially and bureaucratically impossible given the way record labels operate in todays climate.  As a result, an artists ability to create has been stifled due to record labels unwillingness to pay such expensive costs and copyright laws hold on the music industry. While the public may not be privileged to the conversations artists have with their record labels, many songs have likely not been made or released due the current state of copyright law.