Sampling

What is sampling?

Sampling is when a creator Anyone who contributes to creating or performing a ​​musical work, a live performance, or a sound recording., often a music producer Sometimes called a studio producer or record producer, a person who typically helps a recording artist record a musical work. They are usually responsible for the entire recording process. or remixer A type of creator that modifies, adds, or rearranges existing musical or vocal elements of a sound recording to create a new sound recording. re-uses part of an existing sound recording Typically, the recorded performance of a musical work protected as a phonogram under copyright law. in a new recording. It can be any length and any type of sound.

Sampling may also be when a creator samples sounds in everyday life, for example, the ocean, birds, or a beeping sound of a pedestrian crossing signal.

Sampling is common in modern music and can be used in many different ways, but there are rules that need to be followed when sampling pre-existing sound recordings.

What rights are involved in using a sample?

Whenever a sample is taken from a pre-existing sound recording, the rights The controls creators or rights holders have over what they have created or produced and over their identity and image. in the sound recording, the performance of the sound recording, and the underlying musical work An original musical composition with or without lyrics. are all involved. Therefore, the moral rights Rights that protect the identity, integrity, and reputation of creators and their work. and economic rights The rights to control or receive payment for the commercial exploitation of works, performances, sound recordings, and broadcasts. of the songwriters A person who makes an original contribution to the creation of a musical composition or lyrics., music publishers A company that represents songwriters, supporting their career development, monetizing musical works, and protecting copyrights. ​​​, performers In the context of music, a creator playing a musical work live or on a sound recording. and owners of the sound recording of the sampled song The term "song" does not have a legal definition. It is frequently used to mean "musical work” – the composition and lyrics (if any) created by songwriters and composers. However, it could also refer to a “sound recording” (a specific recording of a musical work), or a “performance” (a live performance of a musical work). are applicable. You must get permission from all these rights holders A person or company that has Intellectual Property Rights in a musical work, performance or sound recording to use a sample of a song in a new song.

If the request to use a sample is approved, a fee will typically be paid to the music publisher and record label A ​​​​​​company that invests in, manufactures, distributes, promotes, and ​​monetizes sound recordings on behalf of the ​​artist. to remunerate rights holders of the sampled musical work and sound recording.

There are also commercial sound banks compiling large amounts of sounds, which music creators can use for a fee to create new sound recordings.

Learn more about the different types of rights in the Music Creators’ Rights topic.

Who owns the rights in a sample and in a new song using that sample?

When you sample an original song, the rights holders A person or company that has Intellectual Property Rights in a musical work, performance or sound recording of that song usually own the samples. You own the rights to any new and original contributions you made to the new song that is using the sample. Therefore, both you and the rights holders of the sample will share ownership of the new song. Rights holders of the sample must be credited To be publicly acknowledged for a contribution to the creation of a musical work, a live performance, or sound recording, for example, listing a songwriter's or performer's name. and will receive a share of any income when the new song is used.

Image credit: Jakob Johansson, Parapix