Gregg Gillis, better known as the one man, one computer band Girl Talk. Gillis broke into the mainstream with his 2006 hit album Night Ripper, which featured more than 150 artists broken up into 16 tracks. Ever since his first album Girl Talk has created quite the controversy. Under current copyright law, most consider Girl Talk’s obvious use of samples stealing. He doesn’t get permission from the artists or record labels.
In legal terms a musician who uses parts of other compositions creates what copyright law calls a derivative work, so the permission of the original song’s writer or current copyright holder is needed. Artists who sample a recording also need permission from the owner, in most cases the record label. Hip-hop artists who don’t get that permission have been sued, often successfully.
Gillis feels differently. He doesn’t get the permission of the composers to use these samples, as United States copyright law mostly requires, because he maintains that the brief snippets he works with are covered by copyright law’s “fair use” principle. Each sample is brief, few run over 30 seconds and many last just a second or two. Certain songs he picks the melody while others, the lyrics. To date, no one in the industry has sued him or requested royalties. “Actually, a few major labels have contacted me, even reaching out to potentially work on remixes for them. It makes complete sense to me,” he says. “Remixes help the artists.”
Another brilliant aspect of Girl Talk is their distribution method. While companies like iTunes refuse to carry Girl Talk releases, others sites like Illegal Art website feature a pay-what-you-want download, which is virtually unheard of. His work is still available -- for free if you desire to pay nothing and at cost if you are willing to give money. This concept is difficult at best for other artists. Gillis is, without a doubt, ahead of the curve in terms of utilizing the latest digital sales technology.
“I don’t think there’s any original music anymore,” says Gillis, “It’s all about taking a previous idea and recontextualizing it. That’s the art of pop.”
Good overview of Girl Talk and his mashup strategy for creating music. There is no official fair use clause that relates to the length of the music sample. He is technically in violation but it's interesting that he's not been sued. I suspect that's because many people recognize that the final product is quite different than the original songs he samples. I wouldn't be surprised to see him in a legal battle at some point though. Thank you for presenting this class. I love the visual impact and design of your blog.
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