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Records Inc (1991) and Bridgeport Music, Inc. v. Dimension Films (2005), American courts ruled that unlicensed sampling, however minimal, constitutes copyright infringement. However, VMG Salsoul v Ciccone (2016) found that unlicensed samples constituted de minimis copying, and did not infringe copyright.
If you were to sample a song without a license, you could be liable for copyright infringement. However, if the sample was so brief or was not detectible to the ordinary listener, you may be able to argue the use of the sound recording was de minimis, and therefore no permission was required.
There was a very famous case with Gilbert OSullivan in 1991 versus Biz Markie, which was the first sampling lawsuit to go to court. This forever altered the history of sampling. Another landmark was De la Soul being sued by the band The Turtles, which was settled for 1.7 million dollars.
Using a sample without permission is infringement but if you flip the sample to the point it is unrecognisable, the samples origins are less likely to be discovered and you are less likely to be sued.
ing to the Guinness Book of World Records, the first song to use a sample was Hes Gonna Step on You Again. The 1971 song by South African musician John Kongos used a sample of a recorded African drumming track.
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If you sample an audio recording without the express permission of the owner, you are infringing the owners copyright. This means when you sample music or rip audio from TV, film or social media and use them in your songs, if you havent got permission from the rights holder, you are infringing their copyright.
The artist asks permission to sample the copyrighted music in a new song. To get these sample clearances, you will first need to find the copyright owners of the song and master recording. Sampling music requires two sample clearances: Clearance from the copyright owner of the song, typically the music publisher.
But the law is now clear: In order to sample music legally, it is essential to obtain the necessary permissions and licenses from the owners of the sound recording. Unauthorized sampling will result in legal action taken against you and will prevent you from producing CDs or vinyl copies of your recording.

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