CONTRACT LAW COURSE (MUSIC*) *On what basis does the inclusion of samples from a recording made by *Pink Floyd constitute a violation of law of author? In civil law regarding copyright, there are two types of infringement; primary and secondary. The primary involves the unauthorized use of copyrighted works and the secondary would involve the sale or commercial use of such infringing copies. In the music industry, copyright infringement often involves the use of an existing piece of music by an artist without permission from the person or company that owns the rights to the original music or the recorded sound. This is exactly what happened with Alexei Duff. He used two samples of two Pink Floyd tracks and did not obtain permission from the appropriate copyright holders. If found guilty in court, this will be considered a primary offense. There is a lot of confusion about sampling in the music industry. Many people think that if only a small fraction of a piece of music is sampled, whether it's a few notes or a few seconds, there's no need to license it, but that's not the case. is not the case. The Copyright Act 1988 states that for copyright infringement to occur, the sample used must constitute a substantial part. This means that it is the quality rather than the quantity of the sample used that determines whether copyright infringement has occurred. In Alexie Duff's case, one of her tracks uses a ten second sample from the song "Dark side of the moon" and the sample is played on a loop throughout the track. This means that the sample contributes substantially to the overall piece of music created by the artist and that, because the sample was not cleared, a violation of...... middle of paper . ..... in your classes as well as a copy of the question, if applicable. Type your answer to the question using the standard template, ensuring that you adhere to the page limit set in the course manual for this assignment. You must enter your name or anonymity number in the course template header. If you want to use footnotes, make sure they appear at the bottom of the page. To work in the header and footnotes, select them from the View menu. DO NOT change ANY settings: paper size, font, font size, spacing or margins. Paper size: A4 Font: Arial 12 Top and bottom margins: 2.54 cm Header and footer: 1.25 cm Left and right margins: 3.17 cm Double spacing It is a good idea to check the layout on your computer under the page setup in the file to ensure you are compliant with the above. If you change any settings, your work will receive a maximum of 40%.