Forensic Evidence of Copyright Infringement by Digital Audio Sampling, IJCSDF Vol. 3, No. 3, 07-2014
International Journal of Cyber-Security and Digital Forensics (IJCSDF)
A Peer Reviewed, Refereed, Indexed and Leading Journal in Cyber Security and Digital Forensics
ISSN 2305-0012 (online)
Vol. 3, No. 3
Year of publication 2014
Date of publication 2014-07-31
Owner: The Society of Digital Information and Wireless Communications
Published by The Society of Digital Information and Wireless Communications
Miramar Tower, 132 Nathan Road, Tsim Sha Tsui, Kowloon, Hong Kong
Abstract. 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 performing artists and the neighbouring rights of phonogram 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.
Keywords. audio ∙ authentication ∙ bootlegging ∙ digital tech-niques ∙ single sound sampling ∙ ENF ∙ Electric Network Frequency ∙ forensics ∙ forensic audiology ∙ real-time frequency analysis ∙ cryptography ∙ neighbouring rights ∙ melody ∙ mash-up ∙ mix production ∙ multi-sampling ∙ phase inversion ∙ remix ∙ sample medley ∙ sound sampling ∙ sound separation ∙ spectrogram ∙ spectrometer measurement ∙ sound collage ∙ sound sequence sampling ∙ copyright ∙ watermarking
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