Friday, March 7, 2008

ASCAP on sampling as copyright infringement

ASCAP on sampling as copyright infringement:
"Sampling" is when a songwriter, recording artist or record producer takes a portion of an existing song, existing recording, or both and puts them into a new song, recording or both. . . .

If the recording is released without the sample being approved (the pre-existing song or record) the publisher and record company will contact the recording artist or record company that released the unauthorized sampled performance and let them know that such a use constitutes an infringement of copyright. Litigation could be next but if the sample can be deleted from the record before it is released, no harm would occur.

If the sample is approved by the music publisher or the record company of the pre-existing song and record, the matter is then handled in a number of different ways including a one-time "buy-out of all rights" fee; the payment of a percentage of income received from either the new recording or the new song; or the transfer of a portion of the copyright of the new composition as well as the income generated from the new song.

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