Copyright law sampling music

  • How do you legally clear samples to copyrighted music?

    The owner of the song or master recording can give the artist a license to use the copyrighted music.

    1. Find the Music Publisher
    2. Find the Master Recording Owner
    3. Compulsory License
    4. Recreate the Music Sample
    5. Seek Copyright Owners Who Are Happy to Clear Samples
    6. Contact the Artist Directly
    7. Fair Use in Music Law

  • How does copyright work with sampling music?

    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.Oct 14, 2022.

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.
Sampling without permission can breach the copyright of the original sound recording, of the composition and lyrics, and of the performances, such as a rhythm or guitar riff. The moral rights of the original artist may also be breached if they are not credited or object to the sampling.

Can you legally sample a copyrighted song without permission?

One of those common myths is this:

  • you can legally sample a copyrighted song without permission as long as the sample is shorter than 6 seconds
  • or 11 seconds
  • or 15 seconds… FALSE! You CANNOT sample music without permission
  • no matter how short or long the sample is.
    Copyright is copyright.
  • ,

    How long can you legally sample music?

    Music rights depend mostly on getting permission when you sample music.
    You may have heard that you can legally sample a bit of music shorter than 8 seconds.
    Or 6 seconds.
    Or 6 bars… None of that is true.
    The truth is that there’s no “fair use” rule saying you can legally sample a little bit of someone else’s music.

    ,

    Why is sampling music law so difficult?

    Let’s be honest:

  • Sampling music law is often difficult to understand and expensive for independent musicians.
    If you’re lucky enough to reach the label and publisher, and even luckier to have them grant you permission to use the sample, those same rights holders often set terms that are financially prohibitive for the average independent artist.

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