Let me see if I understand how this works. You're a famous rock musician who launches a solo career. You write a song called 'My Sweet Lord' and you get your butt sued for copyright infringement. Yet, today, a guy (or gal) can mix and sample the heck out of any number of past hits without any threat of legal action? Hmmm.
I just heard a song that sampled Yaz's "Move up" from about 1980. The entire song used Yaz's song as a backing, and the producers simply laid down new vocal tracks around that backing. Now, please tell me, how is that different from writing a song that sounds a little bit like a former hit song?
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