What are the laws on sampling music for a beat?

What are laws on sampling music, that has been commercially released, to be used on a beat?
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Lisa Jean Borodkin

Lisa Jean Borodkin

Contributor Level 1
"Sampling" music sound recordings is taking a portion of a sound recording and reusing it as a portion of a distinctly altered musical work. Under the copyright law, this reuse and transformation creates what is called a "derivative" work.

In the absence of any other agreement or license, the creator of the original musical sound recording has a copyright in the musical sound recording when it is released commercially. This is regardless of whether the work is registered with the Copyright Office.

It is actionable copyright infringement to incorporate portions of a musical sound recording that has been commercially released into a new work unless (a) the copyright holder grants a license allowing both copying and the creation of derivative works or (b) the owner of the sound recording has made the music available for greatis public use under a Creative Commons license that permits derivative works.

You can search for musical sound recordings that have been made available to the public for beat sampling under a Creative Commons license at creativecommons.org. You must heed the Creative Commons-published guidelines for any particular work. Only works licensed for "remix," that is, derivative uses, may be used for beat sampling. Some owners also restrict Creative Commons license to non-commercial uses, and/or a reciprocal "share alike" liicense. Most Creative Commons licenses require attribution, or credit, in lieu of a license fee. Any use that falls outside the Creative Commons guidelines for a particular work would be actionable copyright infringement.
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