I don't often write, but since I'm an attorney with an entertainment
practice, you just got into my wheelhouse (to use a baseball term):

1.  The sampled artist is supposed to get royalties, and should be listed in
credits (but subject to negotiations);

2.  Yes

3.  In the beginning, there was a dispute as to whether you could take a few
seconds and not receive permission.  However, that's pretty well settled now.
 As far as law suits go, they do happen, but sometimes the original artist
either doesn't know, or there isn't a heck of a lot to "go after" from the
offender, so there's little value in pursuing it.

An even worse case is where Fantasy Records, Creedence's original label, sued
John Fogerty for plagarizing his own work with CCR on the John's Centerfield
album!  Fortunately, John won.


Alan

In a message dated 5/30/2001 4:17:10 PM Eastern Daylight Time,
[EMAIL PROTECTED] writes:



Dr. Brown and List members:

I would be curious to know the answers to these questions when it comes to
the practice of sampling.
1) Does the sampled artist get writing credit and royalties? Are the
sampled artists listed on the album's liner notes?
2) Is permission necessary from the original artist/label in order to be
sampled?
3) How can this blatant practice of lifting another artists work go on when
you have the historical example of George Harrison getting sued for having
a "simular" hook line to the Shirelles in his song "My Sweet Lord"?


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