Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Sampling Music Can Create Legal Issues for Artists

Author: Scarinci Hollenbeck, LLC

Date: November 25, 2013

Key Contacts

Back

Whether a recording artist is trying to pay homage to a favorite musician or simply like a song and want to make it their own, sampling past music for their own use.

Before releasing the music commercially, artists need to be sure that they get legal permission for sampling another artists music – or else they could end up being sued and prevented from releasing the music to the public, as there is an entertainment law protecting music.

Sampling

Sampling clearance is needed to avoid legal issues, as this means artists got the permission to use the other musician’s song. Music needs to be cleared with two parties to be legally cleared: the person who owns the sound recording and the song publisher. Without permission from both parties, an artist could be sued if the sampled music is released to the public for commercial reasons.

Robin Thicke – singer of the hit song “Blurred Lines” – is currently facing a lawsuit from Marvin Gaye’s children, who claim Thicke allegedly ripped off their father’s song “Got to Give It Up.” Thicke and the other parties who worked on the song filed a countersuit asking a federal judge to rule that Blurred Lines was not a copyright infringement.

There are situations when sample clearance isn’t required. People who just use the music at home generally don’t need to go through the process of clearing any samples. Also, artists who only use sample music in live shows may not have to get the sample cleared. Musicians may also be safe if the average listener would be unable to notice similarities between the product and the sample.

No matter the case, musicians who plan on sampling music in their work should err on the side of caution and seek the advice of a Scarinci Hollenbeck attorney to avoid any unwanted legal headaches.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Tariff Response Options for Small Businesses Facing Financial Distress post image

Tariff Response Options for Small Businesses Facing Financial Distress

The Trump Administration’s new tariffs are having an oversized impact on small businesses, which already tend to operate on razor thin margins. Many businesses have been forced to raise prices, find new suppliers, lay off staff, and delay growth plans. For businesses facing even more dire financial circumstances, there are additional tariff response options, including […]

Author: Brian D. Spector

Link to post with title - "Tariff Response Options for Small Businesses Facing Financial Distress"
Common Causes of Partnership Disputes and How to Resolve Them post image

Common Causes of Partnership Disputes and How to Resolve Them

Business partnerships, much like marriages, function exceptionally well when partners are aligned but can become challenging when disagreements arise. Partnership disputes often stem from conflicts over business strategy, financial management, and unclear role definitions among partners. Understanding Business Partnership Conflicts Partnership conflicts place significant stress on businesses, making proactive measures essential. Partnerships should establish detailed […]

Author: Christopher D. Warren

Link to post with title - "Common Causes of Partnership Disputes and How to Resolve Them"
President Trump's Termination of Member Gwynne Wilcox post image

President Trump's Termination of Member Gwynne Wilcox

On January 28, 2025, the Trump Administration terminated Gwynne Wilcox from her position as a Member of the National Labor Relations Board (NLRB or the Board). Gwynne Wilcox, a union side lawyer for Levy Ratner, was confirmed to the Board for an original term in 2021 and confirmed again for a successive five-year term expiring […]

Author: Matthew F. Mimnaugh

Link to post with title - "President Trump's Termination of Member Gwynne Wilcox"
How to Dissolve a Corporation in New Jersey: A Step-by-Step Guide post image

How to Dissolve a Corporation in New Jersey: A Step-by-Step Guide

Closing your business can be a difficult and challenging task. For corporations, the process includes formal approval of the dissolution, winding up operations, resolving tax liabilities, and filing all required paperwork. Whether you need to understand how to dissolve a corporation in New York or New Jersey, it’s imperative to take all of the proper […]

Author: Christopher D. Warren

Link to post with title - "How to Dissolve a Corporation in New Jersey: A Step-by-Step Guide"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!