Sound Bites & Silences: Legal Sampling and the Unresolved Boundaries of Fair Dealing in Indian Copyright Jurisprudence

This book explores the significant legal loophole surrounding music sampling in Indian copyright jurisprudence, revealing a troubling disconnect between contemporary creative practices and the existing regulatory framework. As sampling has evolved from a niche technique to a fundamental component of music production globally, India’s Copyright Act has remained conspicuously silent on this practice, creating uncertainty that constrains artistic innovation and disadvantages Indian musicians in an increasingly global digital music ecosystem. A comparative look at the United States, European Union, and United Kingdom highlights different regulatory models, from strict liability in Bridgeport to transformative use protections in Campbell. These approaches offer important lessons for India, especially in balancing legal clarity with creative freedom and recognizing context in sampling disputes. A transparent regulatory regime for sampling not only would encourage artistic creativity but could make India a pioneer in providing a solution to the copyright issues of the digital era.