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Sampling without permission can infringe copyright or may be fair use. Clearance, the process of acquiring permission to use a sample, can be complex and costly; samples from well-known sources may be prohibitively expensive. Courts have taken different positions on whether sampling without permission is permitted.
Tito Silva Music Sample used without permission, which led Silva to remove the song from streaming services after it went viral to avoid legal issues [119] 2022 "Stan" (2000) Eminem [119] 2022 "El Hueso de Mi Perra" (2012) Little Key and Son de AK "Gatita" (2022) Bellakath: Not settled [120] 2024 "Trouble Is a Friend" (2008) Lenka "Selos" (2023 ...
Music plagiarism is the use or close imitation of another author's music while representing it as one's own original work. Plagiarism in music now occurs in two contexts—with a musical idea (that is, a melody or motif ) or sampling (taking a portion of one sound recording and reusing it in a different song).
VMG Salsoul v Ciccone 824 F.3d 871 (9th Cir. 2016) is a court case that has played an important role in redefining the legal status of sampling in music under American copyright law. The case involved a claim of copyright infringement brought forth against the pop star Madonna , for sampling the horns from an early 1980s song "Ooh I Love It ...
Interpolation is prevalent in many genres of popular music; early examples are the Beatles interpolating "La Marseillaise" and "She Loves You", among three other interpolations in the 1967 song "All You Need Is Love", [3] and Lyn Collins interpolating lyrics from the 5 Royales' "Think" in her similarly titled 1972 song "Think (About It)".
Sample clearance fees prohibited the use of more than one or two samples for most recordings, with some mechanical rights holders demanding up to 100% of royalties. As each sample had to be cleared to avoid legal action, records such as those produced by the Bomb Squad for Public Enemy , which use dozens of samples, became prohibitively ...