Sampling Part 1


What about music which is made up of samples and loops of other songs?

*** Although the arrangement itself may be original, you cannot claim copyright for any parts that are taken from any previous work. This means that although the work for the main part may be original, the parts which were copied from another track would still belong to the original author. You should certainly have permission from the original author of the samples before you consider publishing or broadcasting such a work.

Sampling : music is the act of reusing a portion of another sound recording. Whether unique percussion combinations or distinguishable guitar riffs, many musicians sample other's music.

Without obtaining permission from the original musician or owner of the rights to the music, many of these musicians face legal trouble, such as inunctions to not use the sample or even money damages. Obtaining permission for music sampling can be tedious, but will save you from legal action you could face if you sample without permission. Here are some tips to obtain permission before sampling music :

Sample Clearance

"Sample clearance" refers to the process of getting permission from the owners of the copyrighted music. Sampling music requires two sample clearances:

* Clearance from the copyright owner of the SONG -- typically the music publisher * Clearance from the copyright owner of the MASTER RECORDING -- typically the recording company

Find the Music Publisher

In order to get these sample clearances, you will first need to find the copyright owners of the song and master recording. The music publisher is typically the easiest to find; so, start there. Performing rights organizations, like Broadcast Music Incorporated (BMI) or the American Society of Composers, Authors, and Publishers (ASCAP), collect money for public performances of artists' music. Therefore, these organizations are a good place to locate the publisher.

You can find which organization controls the rights for the music you are sampling by visiting these performing rights societies online:

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