It
depends on a couple of things: how you plan to use the music and whether or not
the average listener will be able to identify the samples.
Typically, you won’t have an issue if
you abide by the following:
-Only use the music for personal use
(as in you make absolutely no money)
-You are performing the music live (as
in you are not copying and selling the music).
-If you do distribute to the public,
then the average listener can’t tell what the samples are or if your use falls
under the “fair use” category.
Meeting Fair Use Requirements:
-When making this determination, the
courts will consider the following points:
-Did the original owner suffer
financially due to your use of their samples?
-Did you totally transform the sound
to create a brand new song?
-Did you take a large portion of the
original song?
-Keep in mind, many of these questions
are subjective and it’s not a clear cut situation by any means.
When it doubt: Ask permission. This is the absolute easiest way to avoid any
kind of litigation. Reach out the the original owner and simply ask them if you
can use a sample of their music to incorporate in your own. Usually you will
need to obtain permission from the copyright owner of the song (publisher) and
the copyright owner of the master tape (record company).
Source: Quora
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