SP PACK

To legally use a sample, an artist must acquire legal permission from the copyright holder, a potentially lengthy and complex process known as clearance. 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. The moral rights of the original artist may also be breached if they are not credited or object to the sampling. In some cases, sampling is protected under American fair use laws, which grant "limited use of copyrighted material without permission from the rights holder".

Richard Lewis Spencer, who owned the copyright for the widely sampled Amen break, never received royalties for its use; he condemned the sampling as plagiarism, but later said it was flattering. Journalist Simon Reynolds likened the situation to "the man who goes to the sperm bank and unknowingly sires hundreds of children".In 1989, the Turtles sued De La Soul for using an uncleared sample on their album 3 Feet High and Rising. Turtles singer Mark Volman told the Los Angeles Times: "Sampling is just a longer term for theft. Anybody who can honestly say sampling is some sort of creativity has never done anything creative."The case was settled out of court and set a legal precedent that had a chilling effect on sampling in hip hop.

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