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To legally use a sample, an artist must acquire legal permission from the copyright holder, a potentially lengthy and complex process known as clearance. [40] 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.
For copyrighted music samples it should be {{Non-free audio sample}}. Each copyrighted music sample must be accompanied by a suitable fair use rationale, or it will be deleted. Add relevant information about the sample in the description page, especially length and quality, but also copyrights, album, songwriters, producers, etc.
In popular music, interpolation (also called a replayed sample) refers to using a melody — or portions of a melody (often with modified lyrics) — from a previously recorded song but re-recording the melody instead of directly sampling it.
For Puff Daddy to sample from the phonorecord of The Police’s music, he must get both a mechanical license from the copyright holder of the underlying musical work and a license from the copyright holder of the phonorecord from which he copies the sample. He is free to hire musicians to reproduce The Police's sound, but he cannot copy from ...
In legal proceedings, generally, facts that rely upon an individual's memory or knowledge are most reliably proven by having the person give testimony in court: he appears in person before a judge at a time and place known to other interested persons, swears that his testimony will be true, states his testimony so that all can hear it, and can ...
Upon seeing West proceed with the sample anyway without permission, Osbourne threatened legal action. [94] Afterward, West removed the sample from "Carnival" and replaced it with a different Black Sabbath sample originally used in West's 2010 song " Hell of a Life " from My Beautiful Dark Twisted Fantasy .
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These samples are usually uncleared and sometimes result in legal action being taken due to copyright infringement. Some plunderphonic artists use their work to protest what they consider to be overly restrictive copyright laws. Many plunderphonic artists claim their use of other artists' materials falls under the fair use doctrine.