Wikipedia:Dispute resolution noticeboard/Archive 173

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Talk:Sampling (music)

– This request has been open for some time and must be reviewed.
Filed by Popcornduff on 11:32, 15 March 2019 (UTC).

Have you discussed this on a talk page?

Yes, I have discussed this issue on a talk page already.

Location of dispute

Users involved

Dispute overview

I and another editor, Liftarn, disagree over whether to include a paragraph in the article Sampling (music) in the section " Legal and ethical issues". The paragraph summarises a case of plagiarism in a particular song by Timbaland.

We seem to agree that the section should not merely list every case of plagiarism in sampling history. Instead, cases should only be included if they've had a notable impact on legal and ethical issues in sampling. We disagree about whether the sources demonstrate this.

Sergecross73 responded to a request for comment and felt the paragraph should not be included. The discussion has lasted over a month, with no consensus in sight.

Have you tried to resolve this previously?

Placed a request for further opinions on Wikipedia talk:WikiProject Albums 11 days ago. So far, only Sergecross73 has responded.

How do you think we can help?

We need some more experienced editors to review the sources and help reach a consensus about whether they justify the content.

Summary of dispute by Liftarn

The Timbaland plagiarism controversy gives a description of the case in question. It is an interesting example since Timbaland refereed to what he did as "sampling" when what he did was mute the bassline, add some drums and song on top of an existing track and passed it off as his own work. This new and novel definition of what sampling is should be enough for the case to be included, but it has also have a lasting impact on what is called "collective forensic musicology" and it is used in books about music education. // Liftarn (talk) 13:32, 15 March 2019 (UTC)

Summary of dispute by Sergecross73

Please keep it brief - less than 2000 characters if possible, it helps us help you quicker.

Here’s my take on it, as the only person who looked into the dispute from the WikiProject notification. “Sampling” is a widely used technique in modern music. As is frequently an issue on Wikipedia, is “example bloat” - everyone always wants to add their preferred example to illustrate an idea. Because there are just thousands upon thousands of examples of sampling in music, Popcornduff requested that he prove his specific example regarding Timbaland was particularly noteworthy. He’s provided a couple relatively weak sources noting Timbalands sample usage, but no particular commentary on its importance or impact. He wants to make grand claims of importance, but popcornduff and I have pointed out that none of his sources back that claim. He insists they do. We’ve asked him to outline the exact content he’d add, and the exact content from the source he felt backed the assertions. He has so far refused to do so, stating he feels he has already proven his point (even though he’s 0 for 2 on convincing anyone.) Sergecross73 msg me 13:22, 15 March 2019 (UTC)

List of sources from Liftarn

Wow... There is a lot of them...

That Timbaland plagiarised Sunni's track:

  • Zeilinger, Martin J. (2013). "Chiptuning Intellectual Property: Digital Culture Between Creative Commons and Moral Economy". Journal of the International Association for the study of Popular Music. 3 (1).
  • Cuepoint: Was Timbaland’s Skillful Sampling a Cultural Crime?
  • "Chris Abbott: Doin' it for themselves: what's going on in Timbaland?". C64audio.com. 2007-01-18. Archived from the original on 2009-08-15. Retrieved 2010-02-28.

That he refereed to it as sampling:

That is had a lasting impact:

  • Tobias, Evan (1 sep. 2014). Promising Practices in 21st Century Music Teacher Education. Oxford University Press. p. 207. ISBN 9780199384754. {{cite book}}: Check date values in: |date= (help)

Talk:Sampling (music) discussion

  •  Note to participants: All participants have been informed of this dispute resolution request via their talkpage by me. Discussion will start only after all involved editors have given a summary of the dispute. MrClog (talk) 12:11, 15 March 2019 (UTC)
  •  Volunteer note: I hereby open this dispute resolution. Please note that this resolution is meant to find a compromise that you all can agree on, and that this resolution is non-binding (but it is very much requested that users do follow the agreed-to decision). @Liftarn: It seems like a good first step to me that you list all sources that support your side of the story under "List of sources from Liftarn". MrClog (talk) 15:03, 15 March 2019 (UTC)
  •  Volunteer note: @Liftarn: If possible, could you share the specific quote in which Evan Tobias says that it had a lasting impact, that would be great. Note that unless Tobias explicitly states that Timbaland plagiarising and calling it sampling had this lasting impact, it could be considered WP:SYNTH. MrClog (talk) 17:20, 15 March 2019 (UTC)
Yes, you’ve pretty much experienced one full cycle of the looping argument we’ve had going on with Liftarn now. He’ll list off a few sources, but refuse to explain what in the source specifically verifies the claim. And while of course off-line sources are generally acceptable, his refusal to supply or understand the issue here - that we need a source that explains impact specifically - makes me rather wary to be persuaded by a source I can’t verify the contents of personally. Sergecross73 msg me 21:38, 16 March 2019 (UTC)*{{
  •  Volunteer note: @Sergecross73: @Liftarn: @Popcornduff: I have managed to find an online version of the book Liftarn uses as source, and the closest to the "lasting impact" claim I could find was this:

    The phenomenon surfaced throughout the Internet and eventually in mainstream media sources across the world, forcing Timbaland to address the issue in interviews. Even after the case was officially closed in 2007 (according to a statement by the original composer of “Acidjazzed Evening”), the discourse continued through text-based comments and video responses posted on YouTube or related sites, a process that continues years later. Note: This is part of a copyrighted work of Evan Tobias, shared under the fair use doctrine of United States copyright law.

    From my perspective, this doesn't prove that there was this lasting impact, therefore making it WP:SYNTH. Thoughts (especially from Liftarn)? Also, saying that the fact that it is used as an example in the book proves it had this impact is also SYNTH. --MrClog (talk) 23:03, 16 March 2019 (UTC)
Yes, you citing SYNTH runs parallel with our claims of “not being supported by source” - I think we’re all arguing the same thing against Liftarn here. It’s been days here, and had been going for days at the talk page prior, and there’s still no actually excerpts from reliable sources. I’m getting the vibe Liftarn doesn’t have anything specific prose in a source to verify his claim, or he would have presented it by now... Sergecross73 msg me 23:20, 18 March 2019 (UTC)

Please explain how WP:SYNTH is applicable here as there is no synthesis. FYI, there is en entire section of the book with the title "Timbaland steals music? A case of collective forensic musicology". // Liftarn (talk) 07:30, 19 March 2019 (UTC)

@Liftarn: Let's use the ABC structure: Timbaland said his plagariasm was sampling ("A") and this is used in a book as example ("B"). You argued that it therefore had a lasting impact ("therefore C"), but this violates WP:SYNTH, which states:

"A and B, therefore C" is acceptable only if a reliable source has published the same argument in relation to the topic of the article. If a single source says "A" in one context, and "B" in another, without connecting them, and does not provide an argument of "therefore C", then "therefore C" cannot be used in any article.

I have read the part on Timbaland in the book and nowhere does it seem to say and/or explain that the example had a lasting impact. MrClog (talk) 07:51, 19 March 2019 (UTC)
That is incorrect. A and B are not connected, thus it's no synthesis. The lasting impact is implied with the phrase "continues years later". // Liftarn (talk) 10:41, 19 March 2019 (UTC)
@Liftarn: Timbaland justified plagariasm with sampling ("A"), this has been discussed for years ("B"), therefore it had a lasting impact ("therefore C"). The source doesn't argue that C is true. THe fact that the case has been discussed for many years doesn't neceessarily prove it had a lasting impact. You should bring WP:RS that say that it had a "lasting impact", and saying that the fact it has been discussed for many years proofs this impact is WP:SYNTH. MrClog (talk) 12:27, 19 March 2019 (UTC)
No, it has been discussed for years, thus is had a lasting impact. "A" does not enter into it. // Liftarn (talk) 12:05, 20 March 2019 (UTC)
@Liftarn: Certain murder cases have been discussed for years, yet they had no lasting impact on the legal/ethical aspect of murder. "Discussed for years" doesn't necessarily mean "lasting impact". MrClog (talk) 12:26, 20 March 2019 (UTC)
Thank you. That is finally a valid argument instead of the straw man. It certainly changed the interpretation of the Berne convention and US law. See International Copyright Law: U.S. and E.U. Perspectives: Text and Cases (p. 198-204). Also see Making and Unmaking Intellectual Property: Creative Production in Legal and Cultural Perspective (chapter 13). // Liftarn (talk) 07:26, 21 March 2019 (UTC)
If you can’t find a source that directly states it, then it’s not a valid addition according to Wikipedia policy. It’s original research to equate “lots of mentions” to “lasting impact”. If you can’t pull an excerpt from a source that directly verified your addition, it’s either WP:SYNTH or a source verification error. Sergecross73 msg me 20:22, 21 March 2019 (UTC)
Oh, like "The decision is notable for its sweeping conclusion as to what constitutes a U.S. work under § 411."[10] // Liftarn (talk) 07:52, 22 March 2019 (UTC)
That seems like a good source that supports your claim to me. @Sergecross73: @Popcornduff: What do you think? MrClog (talk) 08:33, 22 March 2019 (UTC)
Sorry, but I don't buy it. The source, if I'm reading it correctly, states that in this case the court decided the work in question could be considered a US work. The source then gives an example of another, later case, when a different court reached the opposite conclusion. I think the "sweeping conclusion" here means that the court's conclusion about which works fall under US copyright was "sweeping" (ie included a lot of different works), not that it had a sweeping effect. Popcornduff (talk) 10:35, 22 March 2019 (UTC)
Your claim seems to be unsupported by the source as it says "Given the ramifications of the ruling in Kernel, the case may well go up on appeal in the U.S. Court of Appeals, Eleventh Circuit.". Another article says "As a result of this decision, foreign authors face increased uncertainty as to whether the provisions of the Berne Convention will serve to exempt them from the copyright registration requirements applicable to owners of U.S. works."[11] and "the court’s decision adds yet another reason to the long list of reasons why foreign authors should consider timely registration of their works with the U.S. Copyright Office, despite the exemptions provided by the Berne Convention."[12] // Liftarn (talk) 12:38, 22 March 2019 (UTC)
That 1) is all speculative, with no examples of how it has changed anything and 2) describes US copyright law generally, n:ot sampling specifically. This really isn't a great or necessary example of an ethical and legal issue in sampling. Popcornduff (talk) 12:43, 22 March 2019 (UTC)
Liftarn, what do you think about Popcornduff's comment? MrClog (talk) 08:48, 25 March 2019 (UTC)
He is entitled to his opinion, but I think the facts speak for themselves. // Liftarn (talk) 09:04, 25 March 2019 (UTC)
Uhhhh it really feels like Popcornduff’s statement would require a bit more of a rebuttal from you here if you’re deciding to stick to your guns on this. Usually when someone says “there’s no evidence”, you...counter it with evidence...? Sergecross73 msg me 17:42, 25 March 2019 (UTC)
Sergecross, what do you think of Lifturn's newest sources? Popcornduff (talk) 00:56, 26 March 2019 (UTC)
He didn't say there isn't an evidence (as there is). He just don't like it. Facts should matter, not personal taste. Kernel Records Oy v. Mosley have indeed (as the sources say) had a major impact on how internationally copyright law is interpreted in the US. While the impact is on anything published online it stems from a case of sampling. // Liftarn (talk) 08:12, 26 March 2019 (UTC)
But time and time again, you cant (or aren’t) explaining how. You say “no you’re wrong” and “look at the source” but you never really explain your understanding of what the source says other than a basic “the source says so”. It’s clear you’re adamantly arguing something...but it continually feels like you yourself don’t even understand the crux of your own argument. Sergecross73 msg me 01:18, 28 March 2019 (UTC)
OK, I'll try to explain it in a simpler way. Don't hesitate to ask if something is unclear. Timbaland found a track by Glenn Rune Gallefoss. He muted the bassline, added drums and song. He then published it as his own work (for simplicities sake we can leave out the ethical aspects of that). This he (and several media articles) refereed to as sampling. OK, so this is a case of sampling according to himself and several sources. You with me? It later went to court as Kernel Records Oy v. Mosley. So we have a court case about sampling. In the case it was ruled that if you published something on a diskette in Australia it was a US work. This reversed the precedence from Moberg v. 33T LLC. Possibly as a revenge for Dow Jones & Co Inc v Gutnick. Anyway, as the sources say this new way to interpret the jurisdiction of works published digitally is a major game changer. // Liftarn (talk) 08:08, 28 March 2019 (UTC)
It's the final part we're questioning: "a major game changer". I don't see how the sources you have provided demonstrates how the game has changed, for the reasons I gave above. Can you address those concerns?Popcornduff (talk) 09:01, 28 March 2019 (UTC)
I'm thinking about this some more, because I'm trying to figure out how we'd incorporate what you're saying here into the article, if we were to do it. I actually have no idea, based on your summary above, what the outcome for Timbaland was. I tried reading the Timbaland plagiarism controversy article, but it's not clear there either, and it's not an easy article to read generally. I tried rereading the source mentioning the "sweeping changes" we discussed before, but it seems to have been moved behind a paywall - perhaps something has changed on my end?
As best as I can manage right now, the relevant parts of what you're arguing should actually amount to something like this (very different from what you've added to the Sampling (music) article so far):
In 2011, the US producer Timbaland won a copyright infringement case after sampling a composition owned by the Finnish record label Kernel Records without permission. Under US copyright law, a work must first be registered with the US copyright office to become the subject of a copyright infringement lawsuit. The court held that by being published online, the composition had been simultaneously published every country with internet service, including the US. The work therefore satisfied the definition of a US work, and as it had not been registered with the US copyright office it could be sampled without permission.
Does that look reasonable to you?
But please note that I would not advocate to include this in the article, as it lacks the critical element: what makes this different from any of the thousands of other plagiarism and sampling disputes, why is this more important, what lasting impact has this had? I can't find anything in the sources we can use to add to the text I wrote above. Popcornduff (talk) 09:18, 28 March 2019 (UTC)
In short the case caused a fundamental shift in how online publication and international copyrights work. Basically the court threw out the Berne convention. That is no small thing. // Liftarn (talk) 10:34, 28 March 2019 (UTC)
And yet the same source also says that in another, later case, a different court reached the opposite conclusion, indicating that it might have had no lasting impact. The sources you're relying on now also phrase everything in terms of general copyright law, rather than giving specific indication about how this affects sampling.
We're getting lost in the swamp here. Stand back and look at the big picture. This section should summarise major legal and ethical arguments in sampling, ones that really changed things and are important to sampling. Like Sergecross said a thousand years ago, we can't throw in every case. We have to figure out which ones are a big deal and which ones aren't. This one isn't a big deal. Popcornduff (talk) 10:44, 28 March 2019 (UTC)
I think you are referring to Moberg v. 33T LLC that was in 2009 and before Kernel Records Oy v. Mosley (2011).[13] "On October 6, the United States Court for the District of Delaware ruled in a case of first impression that a photograph posted to the Internet from a foreign server is not a “United States work” within the meaning of section 411 of the Copyright Act, and thus need not be registered in the U.S. in order to bring suit for infringement.". The case Moberg v. 33T LLC did not change anything as it just preserved the status quo. However Kernel Records Oy v. Mosley reversed that and it's a big deal. // Liftarn (talk) 10:59, 28 March 2019 (UTC
You're right, I misread the source. The case you're talking about did indeed come after the other, not before. Sorry about that.
... But in my view it still doesn't provide any evidence of any lasting impact. And that's what I've been asking for since day one. Popcornduff (talk) 10:35, 31 March 2019 (UTC)

This has dragged on for almost two months, now, so here are (hopefully) my final thoughts on this matter:

Like Sergecross said, there are countless examples of court cases and disputes over sampling we include in this section. But this isn't supposed to be an exhaustive list of such events. It's supposed to be a concise summary of major events that have shaped the use of sampling in music.

We have a few weak sources that describe the Timbaland incident, but nothing to show it has had any serious impact on anything. The source Liftarn is pushing now focuses mainly on the implications for copyright in general, with little discussion of what it means for sampling, and with no examples of anything having changed.

As you can probably guess, I would still prefer to exclude the Timbaland incident in this article. But in the interest of reaching some conclusion, if other editors would like to review these sources again, and feel they demonstrate reason to be included in this article despite my objections, then I'll live with that. Sergecross73? MrClog? Any thoughts? Popcornduff (talk) 10:35, 31 March 2019 (UTC)

I’m pretty much in the same spot as you. As I’ve said since the beginning, I could probably be swayed if Liftarn proposed specific prose, a specific source, and the specific excerpt of the source that backed it. But I still don’t think he’s managed to do that. (If I missed this in the massive wall of text above, feel free to re-add it down here, with the 3 parts I’m requesting. Sergecross73 msg me 18:28, 31 March 2019 (UTC)
As I've made the edit[14] there is some very specific text right there, but the main points I'm trying to get across is 1) Timbaland expanded the definition of sampling to also include taking someone else's work and pass it off as your own with just some minor changes. (This is the ethical aspect) The resulting court case reinterpreted US copyright law contra the Berne convention (this is the legal aspect). // Liftarn (talk) 11:38, 1 April 2019 (UTC)
The text you added doesn't make clear what relevance, if any, the case has. The quote from Timbaland is baffling, and the supposedly important part (the outcome of the lawsuit) isn't mentioned at all. I notice you haven't responded to my proposed text, above. Popcornduff (talk) 06:40, 2 April 2019 (UTC)
That would work with some tweaks. The text "after sampling a composition" is incorrect. Something more in line with reality would be "passing off somebody else's work as his own. Something he called sampling". Or "Apart from the lyrics the song was nearly identical to used a piece from 2000 for the Commodore 64." // Liftarn (talk) 10:50, 2 April 2019 (UTC)
  •  Volunteer note: Due to holidays, I'll not be able to further be engaged with this dispute resolution. I'll change the case status to reflect this and to request other volunteers to take over. --MrClog (talk) 12:33, 4 April 2019 (UTC)

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