What exactly can you get away with when sampling copyright music or speech soundbites?
“Absolutely nothing. And it doesn’t matter how small [the sample is]. If you are attempting to sample a piece of audio that has a copyright, you are breaking the law if you publish it yourself.” So what about all the James Brown uses in the late ’80s? Surely most of those artists got away with it then? “At that time, many companies in the UK hadn’t cottoned on to the sampling laws. The samples were probably not cleared by the artists but at the same time, the copyright owners weren’t aware of exactly how much they could do. Things are very much more different now. Companies are more aware of the sampling laws.” What about if the samples are heavily disguised? “It’s still best to get clearance. If the sample is discovered and it can be proved in court that it is the original sample, you’ll still be in trouble.” Does it make any difference how many pressings are being produced for retail with the uncleared samples on them? “One of the many urban myths about sampling is that if you sell u