If you are on a major label, and you are sampling a big chunk of a song, pay up. That's how I feel. I mean, you are going to get some nice royalties for a year or so, and really for the life of a song. The first two years, it will be heard and used extensively, but what you want is the kind of lifespan equal to a "Wild Thing" or "Bust A Move", where it will be used 10 to 15 years down the line.

It doesn't hurt to go through the legal channels, especially if you are a major label artist. If it can't be cleared, you should have the means to find a similar sounding sample, or find a musician who would be willing to recreate/interpolate for you. Or if the original musician is alive, make contact with them. It might help them financially. Otherwise it will look like that prom scene in "Hairspray", where they're playing a record and someone else is lip-synching. Meanwhile outside the original singer is walking outside, a bum, trying to find another dime and a warm place to sleep.
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Independent artists are able to get away with a bit more not by legal means, but because of the fact that they are not as high profile as a major label artist. You must also think like a major label artist, in case someone, somewhere hears your song, is moved, and wants to use it and/or sign you. Can you legally say that the music in your track is original? If not, then make sure you tell the person responsible for clearing samples what you or your producer used. If it can't be cleared, make sure you or your producer has accesst to the original multi-tracks so you can make changes.


Now, should that stop anyone from making music with "unauthorized samples"? Of course not. But also know the risks of doing so, if there is a chance of it being heard by a wider audience. If you are going to self-release your material, it shouldn't be a problem. If you are working with a label, know what level they're at.

To be honest, don't think too hard about the legality of samples, because we all know what we're doing when we sample. We're taking someone else's sound, and rearranging it to become something new. Once you put those tracks out to the public, be forewarned.







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