Title: Forensic Evidence of Copyright Infringement by Digital Audio Sampling Analysis - Identification – Marking

Issue Number: Vol. 3, No. 3
Year of Publication: 2014
Page Numbers: 170-182
Authors: Stefan Braun
Journal Name: International Journal of Cyber-Security and Digital Forensics (IJCSDF)
- Hong Kong
DOI:  http://dx.doi.org/10.17781/P001337


In recent years, the number of attempts to use digital audio and video evidence in litigation in civil and criminal proceedings has increased. Technical progress makes editing and changing music, film and picture recordings much easier, faster and better. The methods of digital sampling differ from the conventional pirated copy in that using a sample involves extensive changes and editing of the original work. Different digital sampling methods make the technical analysis and the legal classification more difficult. Targeted analysis methods can clearly identify a case of sampling and belong to the main field of forensic analysis. If persuasive evidence of an unauthorized use of sampling cannot be produced, the proof is useless in the legal process. Labelling technologies that are applied correctly make an important contribution to the effective detection of unauthorised sound sampling. There are hardly any holistic approaches that integrate the problem of sound sampling into the fields of analysis, identification, and labelling. In combination with specific technical protective mechanisms against sampling, an unauthorised use of samples protected by copyrights can be prevented or reduced. Using and sampling somebody else’s piece of music or video can be a copyright infringement. The copyright and the neighbouring rights of per-forming artists and the neighbouring rights of pho-nogram producers are affected by the consequences of illegal sampling. Part 1 of the article introduces the problems of digital audio sampling, Part 2 describes the typical manifestations of sampling, Part 3 illustrates various analytical procedures for the detection of audio sampling and Part 4 shows the identification by labelling strategies.