To use a sample you have to get a license from the original artist:
>Today, most mainstream acts obtain prior authorization to use samples, a process known as "clearing" (gaining permission to use the sample and, usually, paying an up-front fee and/or a cut of the royalties to the original artist). Independent bands, lacking the funds and legal assistance to clear samples, are at a disadvantage - unless they seek the services of a professional sample replay company or producer.
It doesn't. Sampling is technically illegal. However the bootleg market is often too small to go noticed and larger artists get authorisation before sampling (or at the very least - releasing).
You do often see some artists turn a blind eye to sampling though. Particularly dance artists because many of them know their entire genre exists of the back of sampling. So it would be counterproductive / hypocritical for them to chase after royalties
Sample clearance is generally not required if:
- You are just using the sampled music at home.
- You are using the sample in live shows. This is because,
usually, you are not making copies and the owner of the venue
pays the blanket license fees to performing rights organizations
such as Broadcast Music Incorporated (BMI) or American Society of
Composers, Authors, and Publishers (ASCAP).
- You plan to distribute copies to the public but meet one of the
following: (1) an average listener would not notice the similarities
between your end product and the sample, or (2) your use of the
sample falls under the "fair use" doctrine. For more information on
these, see "Defending a Lack of Sample Clearance," below.
>Today, most mainstream acts obtain prior authorization to use samples, a process known as "clearing" (gaining permission to use the sample and, usually, paying an up-front fee and/or a cut of the royalties to the original artist). Independent bands, lacking the funds and legal assistance to clear samples, are at a disadvantage - unless they seek the services of a professional sample replay company or producer.
https://en.wikipedia.org/wiki/Legal_issues_surrounding_music...