What exactly are the rules for sampling?

3ternal

3ternal

New member
And do those same rules extend to actually instrumentally replaying a song?

I know you can only sample (as in take excerpt of the actual recording) up to a certain extent.

But what if I were to play that myself, would I be able to bypass those rules, or at least be subject to rules that were more lax?
 
The rule is that you cannot make an exact copy of more than a de minimis amount of someone else's song, or if you do copy and change things, it can't be substantially similar to the original. These are very flexible rules - there are no definite "you can take x number of notes" type of rules. Ultimately, only a court can decide what is a "de minimis amount" and whether something is "substantially similar."

They are far from clear rules, but that's how it is.

Bridgeport threw a wrench in things for samplers when it said that any use of a sample is infringement, it doesn't matter how de minimis it is or how much you change it. So far though, Bridgeport only applies to the 6th Circuit. Courts outside may follow that rule, or they can choose to follow the traditional rules for infringement. So far, the issue hasn't reached any other Circuit Courts, so it's still up in the air.

For now, most artists and labels err on the side of caution and clear all samples.
 
there are no rules man... sample what you like and as long as you like..

the way i see as you aint making no BIG BIG moves meaning they would not (original artists, lawyers etc) waste there time coming to sue you for 100 bucks.

on the flip side if you are sampling and making a huge noise and a BIG name for yourself then yeah they may come for you but by the you would have the money to pay them their 25%.

this is just my opinion...
peace
 
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