Question

"Dawn" is a song included in the sound track of "eDay," a movie produced and distributed by FasTrac Corporation. The song features a digital sampling of a few seconds of the guitar solo of one of George Harrison’s copyrighted sound recordings without permission. Does this digital sampling constitute copyright infringement on the part of FasTrac? Explain.

Answer 1

Answer:

Yes it is copyright infringement.

In order for someone to transfer any material (in this case music) digitally or online, it must be copied first. So when someone produces a digital sampling of copyrighted material, no matter if it only lasts a couple of seconds, it constitutes copyright infringement.