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When someone writes a song the songwriter or publisher owns the rights. The same thing goes for recording a song. The recording is usually owned by the artist or their record label. To clear a sample you must get permission from both owners and enter into a sample agreement.
Fair use is the right to copy a portion of a copyrighted work without permission because your use is for a limited purpose, such as for educational use in a classroom or to comment upon, criticize, or parody the work being sampled.
In many cases, they require an advance of $2,000 to $5,000 for the rights to the master and another $2,000 to $5,000 for publishing. In some cases, they may be the first to come to you and request a percentage of the copyright of the song, in which case you wouldnt be required to pay an advance.
You CANNOT sample music without permission, no matter how short or long the sample is. Copyright is copyright. And if the sample is recognizable (hell, even if it isnt recognizable), youre using another persons intellectual property in order to construct or enhance your own.
Guidelines. Copyrighted, unlicensed music samples must be short in comparison to the original song. As a rule of thumb, samples should not exceed 30 seconds or 10% of the length of the original song, whichever is shorter.

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These kinds of lawsuits have become commonplace since the early 1990s, thanks in large part to the 1991 U.S. District Court case Grand Upright Music, Ltd. v. Warner Bros. Records, Inc., which ended the days of free-for-all sampling by requiring artists to clear all samples in advance to avoid getting sued.
Copyrighted, unlicensed music samples must be short in comparison to the original song. As a rule of thumb, samples should not exceed 30 seconds or 10% of the length of the original song, whichever is shorter.
When someone writes a song the songwriter or publisher owns the rights. The same thing goes for recording a song. The recording is usually owned by the artist or their record label. To clear a sample you must get permission from both owners and enter into a sample agreement.
Its totally legal to sample someone elses song without permission. As long as the sample you use is shorter than six seconds.
As a matter of copyright law, an artist who creates a soundalike recording likely does not need to obtain permission from the owner of the copyright in the sound recording, as the actual sound recording is not used.

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