Sampling

Sampling is the use of small portions or "samples" of a preexisting recording in a new musical composition. Basically, a sample is a derivative work and permission must be granted by the copyright owner. Sampling can include as little as a single note or beat and is usually not considered fair use of copyrighted material. Thus, sampling of an original copyrighted song without permission of the copyright's owner is considered copyright infringement.

To get permission to sample someone else's work, you can contact one of the permission rights organizations such as ASCAP, BMI or SESAC. The process of getting permission is called "clearing the sample."

Cover Songs

Cover songs are really just derivative works and require the permission of the original author. The right to create derivative works belongs exclusively to the original author or copyright owner so a cover tune with performances by other musicians is a variation of the original.

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