It may well be that "Funky Drummer" is the most sampled bit ever,
but it's not true that drums and bass (i.e. the "rhythm section" to us
old timers) can be copied without limitation. Not now, not ever.
Of course, the practical side comes into play. In the old days, if
you snipped four bars and put it on a track that sold 2000 copies,
and nobody really even knew about it until months later, that was
one thing.
But when hip hop really blew up big and real money started
coming into it, of course things tightened up. As well they should.
In theory (setting aside the widely varying actual effect) copyright
as with other intellectual property rights is a limited restriction
on copying designed to stimulate creativity and provide some basis
for compensating the creators, whether they are playing their own
music or having it used by others.
As for Josh Wink, he has done some good tracks ("Feel the Warmth" on
Deepest Shade of Techno and "Meditation Will Manifest" on R&S to name
two), but he also is very adept at producing dance floor bombshells
that make a lot of money.
But the pattern there is clear -- they are gimmick tracks, whether
it's "Higher State" or "Don't Laugh" -- the kind of thing that just
totally stands out the first time you hear it, and by the fourth you
just can't stand it.
Fred
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