Define: Sampling

Sampling refers to the practice of taking a portion of a pre-existing sound recording and incorporating it into a new composition or recording.

Sampling can be legal if the sampler obtains permission from the copyright owner of the original recording or if the use falls under the fair use doctrine.

Fair use is a legal doctrine that allows limited use of copyrighted material without permission from the copyright owner. It is determined on a case-by-case basis and considers factors such as the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion used, and the effect on the market for the original work.

To obtain permission, you would need to contact the copyright owner or their representative, usually the music publisher or record label. They may require you to pay a licensing fee or negotiate other terms.

Changing a sampled recording significantly may not necessarily exempt you from copyright infringement. The determination of infringement depends on various factors, including the extent of the changes made and the overall similarity to the original work.

Non-commercial use does not automatically make sampling legal. Copyright law applies regardless of whether the use is commercial or non-commercial. However, non-commercial uses may have a stronger argument for fair use.

Giving credit to the original artist is not sufficient to make sampling legal. While giving credit is a good practice, it does not absolve you from obtaining permission or meeting the requirements of fair use.

Educational purposes may be considered in determining fair use, but it does not automatically make sampling legal. The specific circumstances and purpose of the use will be evaluated to determine if it falls within the scope of fair use.

Parody or satire may be considered a transformative use, which can be a factor in determining fair use. However, the specific circumstances and purpose of the use will be evaluated to determine if it falls within the scope of fair use.

Sampling without permission can result in legal consequences, including copyright infringement claims, monetary damages, injunctions, and the requirement to cease using the sampled material. It is important to seek legal advice and obtain proper permissions to avoid potential legal issues.