O LUGAR DO SAMPLE NA HISTORICIDADE DAS (RE)CONSTRUÇÕES RÍTMICAS, MELÓDICAS E LETRISTAS: O PAPEL DO CRATE DIGGING E DOS SAMPLE HUNTERS NA PRESERVAÇÃO E RESGATE CULTURAL À LUZ DA LEI 9.610/1998 E DO DOMÍNIO PÚBLICO AUTORAL

Abstract

Advances in technology from the 1980s onwards have enabled the democratization of music creation tools, as a consequence of these technological advances, it was possible to observe the emergence of new forms of music production, as well as the tendency to share works that use, in its creation process, small samples of pre-existing musical works. With this, a hypothesis was raised, considering the use of musical works in the public domain, as a possible cultural rescue tool. For this reason, the present work seeks to understand the culture that involves this entire creative process, as well as to analyze the legal potentialities and risks. For this, an analysis of the sampling technique under the veil of the Copyright Law was carried out, as well as the possibility of using the authorial public domain institute as a cultural rescue tool. For this, it was necessary to delimit the concept of the copyright public domain as well as the fulfillment of the social function in the Copyright Law. In view of the analysis of what was exposed, obstacles generated by the legislation were identified, which hinder, in a way, the achievement of such objective.