SA Urban Newspaper - January 2016 (MLK) by ManChuk Media

Also Inside:

Return of The Original & Real Martin Luther King Issue â&#x20AC;˘ January 2016

PIONEER OF THE M.L.K. MARCH Photo courtesy of UTSA Libraries Top Shelf

Reverend R.A. Callies

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www.sa-urban.com • January 2016

Q&A WITH LEVAR number one iPod educational tablet app on iTunes, leading a campaign to fund reading for classrooms in need that is the current most popular Kickstarter campaign to date, and the commercially successful publishing of his first children’s book, The Rhino Who Swallowed A Storm (2014).

LeVar Burton at St. Philip's College Feb. 11 Listen and ask questions during a free live session with actor and children’s publishing industry entrepreneur LeVar Burton during African American Heritage Month at St. Philip's College. Burton transforms the lives of children through ownership of the current

The free event is part of the college's President’s Lecture Series Feb. 11 in the Watson Fine Arts Center at 1801 Martin Luther King Drive. Questions for Burton are being accepted online now and up to 48 hours before his lecture at www.alamo.edu/spc/plr_question.a spx. Find details at www.alamo.edu/spc.

Mourners Bench by Sanderia Faye avail on Amazon.com

www.sa-urban.com • January 2016

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CONTACT Website: www.sa-urban.com Email: support@sa-urban.com (210) 816-3452

I walked into the SA Urban offices on a Thursday expecting to interview both Chuk Jones and Scotty Ward. They were on time, I was late. After being ushered into the office I found to my delight an atmosphere electric and sparkling. The staff table, oblong and modern in design, was decorated with old breakfast tacos and various cookie tins. Ink pens and electronic devices were strewn about but always within reach of an anxious hand. I witnessed men reaching for them over and over. Click, tap, click- I observed men dedicated and moving with a purpose to create something new out of something old. The intensity of thought by both Scotty and Chuk shown in their faces via the seriousness of their discussions and the exact measure of their ideas. Each of those ideas were recorded on one of those electric devices - click, tap, click- One would point out where he wanted this article to be placed and another where he wanted that article to be placed all while inquiring across the room to various staff members about their ideas and their opinions on subjects ranging from Music to Politics as well as Arts and Literature. Jokes bounced off the walls and everyone smiled enamored by their own cleverness. I have to say it was kind of exciting for me to be a part of this venture.

Twitter | Instagram | Periscope @officialsaurban

Here’s the backstory, both Scotty Ward and Chuk Jones are the original

STREET TEAM - Aaron Harrison - Anthony Carmona - Jeffrey Wilson

founders of the previous SA Urban with Chuk Jones being the “face” and Scotty Ward heading up the corporate arena but as you’ll see, this time around things have changed. You’re putting together the reintroduction of SA urban, we all know that SA urban was a staple of the San Antonio entertainment scene a few years back. My first question is, what made you stop publishing and why are you publishing again? Chuk Jones: At the time Scotty and I both had other things going on at the same time. I can say from my personal perspective, I kindda started ramping things down because the scene was not as receptive as it was when we first started, we started inundating the city with our product and though people knew who we were, we weren’t coming out with new material and we weren’t growing with the city. What’s making you come back, I mean if the city wasn’t ready then… Scotty: I think we were ahead of the times, it wasn’t that we weren’t growing, we were so far ahead, and the city wasn’t growing as fast as we were developing. The things we were doing then they are doing now! We were doing video shows in ‘08 we were blogging and producing a video show in ’08!

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www.sa-urban.com • January 2016

“UNBRIDLED” MEDIA What are you doing now that’s ahead of its time? Chuk: When we stopped and even though I moved out to Hawaii, I was always watching. I saw a lot of people trying to do what we were trying to do. You gotta remember when we started in 2005 all the way to 2008 there was no Face Book, no Twitter. Everything we were doing was grassroots. So, now with all this new technology it’s gonna be so much easier for us to reach the right people and I think the city has grown enough…… there are a lot more people here who are ready to engage. We are coming with a new focus and new vision, we are bringing the old SA Urban forward into a new era of technology and information that we want to share with the community.

Scotty: We’re going into this much more mature and both with other experiences that we can bring in.

SA Urban has never shyed away from controversy. Because this is a community paper, I know you’re going to address the issues that affect the community regardless of political backlash. Chuk: Guaranteed. As you stated before, there was no Face Book, no Scotty: That’s our tagline, “real” we are going to give it to Twitter, no social networking, why is there a need for you cut and dry and we are a newspaper created by the Hip SA Urban if you have those platforms now and now that Hop generation. This paper will reflect social consciousness you do have those internet platforms how are you going and not fear. We have no fear of showing you it all. We to integrate them into what SA Urban is doing and always wanted to take world issues and show the make SA Urban relevant again? community how it affects us in San Antonio. Take police Scotty: The advantage that we have is that we were already brutality, you see it on the news every day but we’ve got on the level of posting and videoing, we still have an cases here that are probably not nationwide but here they advantage because we have a formula for using the media. are “police brutality”. This is a problem in America but it’s Take online radio, the city hadn’t even though of online also a problem here. We’re gonna show you how our radio. We were the first to do it. community is effected by America or how America effects our community. I remember that, it was really popular! Scotty: Exactly, we were 5 to 6 years ahead, now that we What do you want to come out of this relaunch of SA have the real proper tools to use i.e. YouTube Urban? , Face Book once we master them we can’t see us stopping! Scotty: It has always been about city growth and city pride for me. We never set it up as a profit type situation…san What is your primary focus for SA Urban? Antonio needs an outlet. Chuk: SA Urban is primarily community focused, our Chuk: I just wanna add on, me personally I want to use this original intent was to spotlight entertainment, news and the launch to reconnect with the people here. urban community, not necessarily one region of the city but a demographic of the city. So, we’re coming back in with BACK GROUND Interview the newspaper. As far as the community is concerned there Scotty: I am the co-founder, after we shut down SA Urban I are still people in low income areas who don’t have the went to Atlanta for a while and what I learned down internet, they still go out and get the newspaper because there…. I want to bring back that whole idea of business to that’s their news. SA Urban, I want to be able to show the cities talent, all Scotty: The newspaper is a personal touch, you can feel the talents, tattoo artists, music, Tejano, there is no genre no communication instead of just scrolling through it. We field that we won’t cover. wanna inform the community of worldly and national Chuck: My background again is co-founder and this time events and how they apply to us. Our paper is based on a around you won’t see me as much. I’m more behind the demographic, it’s not based on an area it’s based on this scenes doing business work. If you see me out it’s because culture of people. I’m just having fun, this time around I’m doing more accounting or business work. I’m more on the corporate When do we expect the first issue of SA Urban? side. Scotty: We are slated for the January, the weekend of the Martin Luther King March, January 16th. That is our goal. So there you have it! I look forward to getting that first Chuk: Be on the lookout for a bigger broader and better SA issue of the “NEW” SA Urban. Make sure you pick up Urban, we’ve grown up. your copy too. ------ Lisa Jackson, Editor In Chief

www.sa-urban.com • January 2016

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WAS A HEALTHY LIFE A PART OF THE DREAM The effects of this attack is simply terrifying in our ethnic communities, a place where our celebration and nostalgia of the foods we grew up eating and once shared with those that have passed-on, blinds us to the devastating effects of consumption.

healthiest choices available. To add, how about a little in-store education about proper food choices in the neighborhoods that need it most. As a people we can’t expect for big business to protect us or educate us, we must inform ourselves and each other and demand that our local markets provide quality products for the betterment of our families.

not, believe me, good health will eventually outweigh a tasty unhealthy meal, and if you wait too long you won’t be able to eat much of anything as sickness dominates your body.

Words like Organic, GMO free and Vegetarianism are the most important Lack of information in our public and words for people of color. Don’t be private schools and the complete fooled by the mass advertisement of all ignorance from the medical things bad for you or the glorification administration has now put ethnic As ethnic people, we need to stop of your favorite family members’ disease and cancer statistics through making a joke out of food consumption awesome cooking skills. I have a the roof. I’ve also noticed a frightening and laughing our way into the doctor’s saying, “never trust a fat chef, they will trend from some of our largest markets office. It’s a simple choice, do you only hurt your heart”. “We must live together as brothers, or here in San Antonio and that adds to want it to taste so good, or do you want parish together as fools”— MLK. this funnel of misinformation. to feel so good? Better health will rise from the roots of our revised family conversations and I like to believe that if MLK was still I’ve shopped at almost every HEB, the Healthy choices can be delicious and our renewed understanding of how and alive today even at 87 he would be a largest grocery retail chain in the SA good for you at the same time and yes, where sickness comes from. Make a vibrant, dedicated leader and adviser to area, and at first I thought it was there are some things you will wise choice for 2016 before the choice the people. He would be well informed simply a coincidence, but, after some probably have to give up in order to is made for you then pass it on. of the conspiracies to control and research and recon I found that have great health but, rather you manipulate our food sources and this expired, old and unhealthy products understand it right now in your life or Read full story at sa-urban.com. would be one of his most important were making their way to stores in low issues to express to the free world. income neighborhoods in SA as though someone was organizing and executing The information and methods to this process intentionally. leading a “sickness free “life are now accessible to anyone with access to a I found that I wasn't the only one that computer. So why are we sicker than noticed the promotion of high fructose we’ve ever been in history? Is it and MSG based products were put on because the terror scales of racism and the front line shelves of these stores as segregation appear to be somewhat if they were priority items for a better balanced and that we've forgotten that life choice. Of course, I understand that there is still a monster in the room. what people buy is their free will and their choice and to each his own but, to This monster no longer deals in racism, see markets in higher income for every color person is its new prey. neighborhoods have rows of organic produce while low income markets This monster has purchased 90% of the have 2 to 3 items of organic is a shame seeds and the largest farms in the and an insult. nation have turned them into Genetically Modified Organisms HEB would claim that they stock what (GMOs), food production bases to get the people purchase most and I believe you sick, and also owns some of the this to be true, this is not an assault on world’s largest pharmaceutical HEB, but, as an enterprise that has companies to sustain your sickness all grown to billion dollar fame from the while claiming to make you well. The lives of dedicated Texans, how could facts and numbers are in, “pills make you not take responsibility and pride in no one well”. making sure that all your consumers had equal access to the best and

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www.sa-urban.com • January 2016

REV. CALLIES: “LONE WOLF” HUMANITARIAN WHO WAS THE ORIGINATOR OF THE LARGEST MARTIN LUTHER KING JR MARCH IN THE US? I was surprised to find out that what we, who grew up in my community, knew as common knowledge had been twisted and misrepresented. I discovered that people who were not from the East Side and not even from San Antonio were speaking about, with authority, putting pen to paper documentation on the origins of the March. IN THE BEGINNING – Reverend R.A Callies Mr. Callies as I knew him, I didn't know him as a Reverend Callies, was a humble but confident shop teacher at James Whitcomb Riley Middle School. Later the name would be changed to Martin Luther King Middle School. Formerly, the address of Riley Middle School was Nebraska Street, later it too would be renamed Martin L. King Drive. Mr. Callies was the catalyst who lobbied to have the middle school, park and the street renamed after Martin Luther King Jr. which he accomplished by making countless trips to City Council meetings and courthouse visits. After researching Rev. R.A. Callies I have to say it's a weird feeling now to know that as a middle school student, when I passed this man in the hallways and spied him on weekends collecting donations via coffee cans and standing on the corner of New Braunfels and East Houston Street. He was making history. Often my Mother donated

her spare change -no just change, because as my mother would say “back in those days there was no such thing as spare change”. In my research I discovered that the erection of the Martin Luther King Plaza estimated cost of construction was from $9,000 to $15,000. So can anybody, somebody tell me how many quarters, dimes, nickels do you have to collect to make $9,000? I'll wait…

As I stated before, my personal experience began in 1982 when I was about 11yrs of age. I can recall Rev. R.A. Callies would request that the Administration of Martin Luther King Jr middle school make official announcements requesting volunteers who were willing to accompany him and the school band in making the March from the Freedom Bridge to the Martin Luther King Jr plaza. This was the March’s route until it was rerouted to end at Pitman Sullivan Park. The March had grown! It was determined that space was needed to accommodate its increasing popularity and to have an area

doing so he may have rubbed other groups or organizations the wrong way. So who was the organizer the FREEDOM BRIDGE Martin Luther King Jr March? Reverend R.A Callies. Many have Another accomplishment not well tried and were quite successful, in known but definitely important is downplaying the part that Rev. R.A. the construction of Freedom Bridge. Callies had in the creation of one of Many in the East Side community, the largest peaceful marches including myself, can thank him for honoring the Rev. Dr. Martin a safer passage over Salado Creek. Luther King Jr. in America. But his Prior to the bridges construction on legacy lives on through a Martin Luther King Drive, when it proclamation sponsored by rained the roads were not be Representative of the 120th district passably by car and as a Ruth Jones McClendon (D) and grade schooler my Father approved by the Texas House of and I were almost was swept Representatives on June 28th 2011. away in a swollen Salado Creek. Rev. R.A. Callies, approached the city of San Antonio about building a bridge over the cree, but the refused stating that the land was privately owned. Rev. R.A. Callie's response was to again collect donations in order to purchase the land from its owners then donate the land back to the city. Impressed by his efforts the land owners donated the land to the city themselves. Later, after the bridges construction, District 2 Councilwoman Lott passed a city ordinance renaming the bridge the R. A. Callies Freedom Bridge. For a lesser-known agenda, community WHEREAS, THE REVERNED activist Otis Thompson lobbied R.A. CALLIES Lotts successor, District 2 Councilman Mario Salas, to remove 81R6519 BPG-D Callies' name from the bridge. His By: McClendonH.R. name was removed. No. 381 RESOLUTION R.A Callies had within his spirit WHEREAS, The Reverend R. A. focus and dogged dedication. He Callies, Sr., of San Antonio has did not seek accolades. He was a devoted much of his life to paying man that preferred to do things on tribute to distinguished civil rights his own and in his own way and in available for vendors and support groups.

www.sa-urban.com • January 2016 leader Dr. Martin Luther King, Jr.; And WHEREAS, Born in El Campo on September 12, 1929, Reverend Callies earned a bachelor of arts degree from the University of Arkansas, served two years in the U.S. Army, and embarked on dual careers in the ministry and education; the founder and longtime pastor of First Gethsemane Baptist Church in San Antonio, Reverend Callies also taught for more than 35 years at a San Antonio school once known as James W. Riley, Jr., Middle School; he was instrumental in persuading the San Antonio Independent School District to rename that campus Martin Luther King, Jr., Middle School; and WHEREAS, An important catalyst in the local movement to commemorate Dr. King, Reverend Callies led his family and a few close friends through the East Side in San Antonio's first MLK March in 1972; thanks to his perseverance through the early years, this small function eventually grew to become a city-sponsored event and the largest such march in the country, with an estimated 100,000 individuals participating; and WHEREAS, Beginning in the 1970s, Reverend Callies led the drive to erect a statue in Dr. King's honor; assisted by his team of volunteers, he raised more than $9,000 over the course of some five years; in 1982, the statue was dedicated as the Monument of Brotherhood at the intersection of East Houston Street and North New Braunfels Avenue, a site that has been designated MLK Plaza at his behest; and WHEREAS, Reverend Callies also championed the development of Martin Luther King Park on the city's East Side, and he successfully campaigned to change the name of

the street along the south side of the park to Martin Luther King Drive, to extend MLK Drive to Lord Road, and to designate the bridge in the 3500 block of MLK Drive as the MLK Freedom Bridge; and WHEREAS, Joining forces with activists across Texas, Reverend Callies lobbied to secure the recognition of Martin Luther King, Jr., Day as a state holiday, a goal that was ultimately realized in 1992; and WHEREAS, In all his undertakings, Reverend Callies has rejoiced in the support of his loving wife, Eunice, and their children, Aaron, Arlington, Doris, Yvette, and Phyllis; and WHEREAS, The recipient of many accolades, Reverend Callies holds three honorary doctorates; moreover, the San Antonio MLK Commission presented him with its first annual MLK Distinguished Achievement Award in 1987; in January 2008, the city further recognized his contributions with a plaque fittingly placed in MLK Plaza, near the foot of the King monument; and WHEREAS, R. A. Callies has helped to preserve the legacy of a great American, providing Texans with lasting reminders of Dr. King's pursuit of freedom and brotherhood; now, therefore, be it RESOLVED, That the House of Representatives of the 81st Texas Legislature hereby honor the Reverend R. A. Callies, Sr., for his civic leadership and extend to him profound appreciation for his role in perpetuating the ideals of Martin Luther King, Jr.; and, be it further RESOLVED, That an official copy of this resolution be prepared for Reverend Callies as an expression of high regard by the Texas House of Representatives.

THE GATHERING STORM In 2015 District 2 councilman Alan Warwick, made a suggestion amounting to altering the route of the MLK Jr. March. “Alan Warrick wants to radically change the city’s annual Martin Luther King Jr. March, and the East Side is in an uproar over it.

Page 7 Warrick to get a clearer understanding of his proposal but was unable to secure an interview. We all know that the movement of the March is not about the marching or the celebration of the life and work of the Rev. Dr. Martin Luther King Jr. It’s about one of the largest gathering of people and the monies spent in a centralized location. It is my suggestion that those leaders, whom we have elected and they’ve appointed, go back, learn and appreciate the selfless drive to celebrate the life and legacy of the Reverend Dr. Martin Luther King Jr. for it is with this celebration that Rev. Callies has inspired and uplifted his community.

The gangly, bow-tied District 2 councilman has concocted an ambitious plan that involves altering the march route — which currently runs west along Martin Luther King Drive to PittmanSullivan Park — so that groups from five points around the city all march downtown and meet at HemisFair Park. He has also talked about inviting comedian Ellen DeGeneres to speak at the first five- Photos (previous page) courtesy of points MLK March. UTSA Libraries, Top Shelf

Sources say Warrick initially talked Alamo Plaza Plaque photo (below) about putting these changes into by Arnold Ward effect for the 2016 march, which is only four months away. But they say persistent complaints from East Side residents, fearing a logistical nightmare, recently persuaded him to push the plan back to 2017. East Siders also bemoaned the fact that Warrick’s hand-picked chairman of the MLK, Jr. Commission, Brandon Logan, fired most of the commissioners last month.” – Gilbert Garcia, San Antonio Express News – Sept 28th 2015 SA Urban has reached out to Councilman

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www.sa-urban.com • January 2016

EXCELLENCE IS THE KEY TO YOUR DREAM (including one year of lab science if your high school offers it),One additional year of English, math or natural/physical science, Two years of social science, Four additional years of English, math, natural/physical science, social science, foreign language, comparative religion or philosophy, and Earn at least a 2.0 GPA in your core courses. SAT minimum score of 400 (math and reading only) and ACT score of 37 EXCELLENCE IS THE KEY! (sum score). Now remember D1 By: Terrance Dunkley aka Coach Dunk requires an SAT combined score or ACT sum score matching your coreLast month a total of 12 High School course GPA on the Division I sliding Basketball players in the city signed scale, which balances your test score their early letters of intent to attend and core-course GPA. If you have a college to play D1 or DII basketball low test score, you need a higher corestarting August 2016. I am proud of course GPA to be eligible. If you have their accomplishment and they should a low core-course GPA, you need a be as well. We all know how expensive higher test score to be eligible. college can be whether you have put a child through college or have just DII: You must graduate high school heard about the huge monetary and meet ALL the following commitment it takes. requirements: Complete: 16 core courses: Three years of English, Two To many, playing Basketball on the years of math (Algebra 1 or higher), College or University level fulfills a Two years of natural or physical childhood dream of taking their skills science (including one year of lab to the next level. I would love to speak science if your high school offers it), more about how excited I am about Three additional years of English, math the possibility of seeing them going on or natural or physical science, Two to play Basketball at the next level, but years of social science, Four additional I want to talk more on what it took for years of English, math, natural or these young men to accomplish such a physical science, social science, huge feat. Besides, they are not only foreign language, comparative religion headed to college as an athlete but or philosophy, Earn at least a 2.0 GPA more importantly a student-athlete. in your core courses, Earn a SAT combined score of 820 or an ACT sum According to The National Collegiate score of 68. This is what the young Athletic Association (NCAA), the men have accomplished in order to requirements for a basketball player to become eligible and live out their attend and be eligible to play: childhood dream. It is not easy to become a student-athlete. There are REQUIREMENTS 173,500 D1 athletes at 346 schools and D1 : You must graduate high school there are 109,100 DII athletes at 314 and meet ALL the following schools. At the D1 schools, there is an requirements: Complete 16 core 81% success rate and DII carry a 71% courses: Four years of English, Three success rate. One stat that caught my years of math (Algebra 1 or higher), attention during my research is that Two years of natural/physical science Basketball player’s average 227 points

lower than their classmates on their SAT/ACT test. We need to work on that stat immediately because the eligibility criteria is not going to get easier in fact it will only become harder. NCAA is putting together tougher to take the SAT or ACT, to not put criteria for all athletes who graduate after August 2016. One change will be 100% of your efforts into the sport and the GPA going from a minimum of 2.0 0% of your efforts into academics. to 2.3. Let’s set our own bar. A bar that far exceeds NCAA requirements. If we do As I sign off, my message is to not settle for minimum requirements, to this it will become a habit for athletes to do well in the classrooms. If we do not let the NCAA decide whether or this the list of young men signing their not our children go to college, to not wait until we find out that our child has letters of intent will double. So let’s do the potential to play college ball, to not this! wait until the school tells you it’s time

www.soberwater.net soberwater@gmail.com

www.sa-urban.com • January 2016

FIVE Q’S FOR THE DJ Tell me what is one of the biggest hurdles that a local SA artist must overcome in order to be more successful? This local Artist must humble themselves and understand that San Antonio is 1 city in 1 state. The other thing is that they are doing just as the industry they need to step outside the normal box be yourself do not follow trends.

First I want to tell you thank you DJ Alley Cat for being a part of this Q&A The reason I choose you is because you have 20+ years in the game and with your years of knowledge in the game, may you can help in giving direction to the local San Antonio up and coming artist.

What would a local artist need to do musically to get you to play their music in the club? Nothing, I will play it now they have stepped their music game up! #Salute.

What is the most important part of the game you think that the local SA artists need to improve on the most? ( music content, production, marketing, business or other) I think they're doing a great job with First off can we start off with a small their production. I think they need to intro. and some of the things that make it a point to pay more attention to you are currently involved in at the their marketing and business those are present? important part of the game! I’m DJ ALLEYCAT with 27 years Is there any local artist that has your djing in this music business I've done attention that we should be on the everything from national tours, clubs, lookout for? (any genre) weddings, mixtapes, radio, special San Antonio be listening out for K events and so on. I have produced a GEE , LIL YODAA , LBZ & KYLE series of mixtape called CLUB LIFE LEE to name a few but my list is really CLASSIK. I am currently working at about 20 artist here that's on my radar. KROV 91.7 HD 2 and I'm presently working on the release of 6 artist Bonus question: mixtape plus 2 of my own I am also involved heavily in this SATX LOCAL What's your top 5 all time Rapper or music scene over 40 San Antonio artist group? mixtapes under my belt and I DJ about 1. RAKIM 2. NWA, 8 - 10 times a month. 3. SCARFACE Question one how do you feel about 4. KRS -1 the state of the music industry right 5. FUTURE now? So, there you have it SA some very Right now, I feel that the music business is in a poor state (monkey see good advice from one of the OG’s in the game. monkey do) follow the leader type of situation, No creativity or originality with their art. Thank you, DJ Alleycat Thanks, SA Urban.

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www.sa-urban.com • January 2016

SAMPLING MUSIC? prove two things: ownership of a valid copyright, and unlicensed copying of the copyrighted work. The former is generally easy to prove by providing a valid copyright registration. The latter can be a bit trickier, and often requires the use of circumstantial evidence, as direct evidence of copying is usually unavailable. Using circumstantial evidence, the plaintiff must prove that the defendant had access to the copyrighted work, and that the new Sampling Without A License work is substantially similar to the one by Chelsea Lockhart it samples. In Selle v. Gibb, the court Sampling has been controversial from held that the Bee Gees’ “How Deep Is the very start. Supporters of the Your Love” did not infringe Selle’s practice argue that artists sample songs “Let it End” because Selle did not offer they love and build on them to create sufficient proof that the Bee Gees had their own sound. It is taking little access to his song, or that they had pieces from a few different sources and been nearby during his few making something new out of it. Those performances. opposed to sampling, while possessing mixed opinions about its value as an art Conversely, there are many potential form, cite the frequency of unlicensed defenses to a claim that a sample is sampling as a major issue. “Get a infringing, the most notable being fair license or do not sample” is a famous use. Under the Copyright Act, fair use quote from the ruling in Bridgeport of a copyrighted work, which includes Music, Inc., v Dimension Films, a uses such as criticism, news reporting, major case dealing with sampling, and education, and research, is not an though it is not considered a bright-line infringement of copyright. There are rule, this ruling has been used as a four main factors used to determine precedent in cases dealing with whether a use falls under fair use: the copyright infringement. In the case, the purpose and character of the use, court determined that whether or not including whether the use is of a the sample was substantially similar or commercial nature; the nature of the de minimis, the part taken has some copyrighted work; the amount and amount of value. Though the majority substantiality of the portion used in of sampling cases have ruled similarly, relation to the copyrighted work as a the issue of de minimis and substantial whole; and the effect of the use on the copying, as well as the issue of fair use potential market for the work and the are still being defined by the courts. value of its copyright. According to Section 501(a) of the Copyright Act, anyone who, without permission, exercises any of the exclusive rights of the copyright owner as provided by §106 through §118, or who imports copies into the United States (in violation of section 602), is infringing on the owner’s copyright. In order to successfully bring an infringement claim, the plaintiff must

Determination of the third factor, also compared with de minimis use, has caused the most issues in modern sampling related cases. If the new work is highly transformative, meaning the sample is unrecognizable by an ordinary audience, it may escape the onus of copyright infringement even though it is an unlicensed, and potentially commercial use.

www.chokawear.com

www.sa-urban.com â&#x20AC;˘ January 2016

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