Each music track and music recording is protected by copyright law and ancillary copyright law. The creator cannot transfer this right to third parties. The music publishing house holds all rights for the according sound storage medium and the individual music production. The creative input of all musicians involved is also protected, which plays an important role if someone is intending to sample particular sounds or parts of a musical work.
In this case it is possible to gain a sample clearance which means gaining the rights for a particular extract of a song. If, however, the sample reaches a level where protection rights might be an issue, the creator has to give his or her approval for the usage of this material. Even if the sample cannot be protected by copyright law, the publishing house and all creators and producers have to be asked for permission. This can lead to enormous costs. One way of avoiding this is recording a version cleared of protected samples.
Please do not hesitate to contact us should you have any more legal questions or concerns about samples or recordings.