What rights must be cleared to legally sample a sound recording of a song?

What rights must be cleared to legally sample a sound recording of a song?

• A. The rights in the sound recording (the master) and the underlying composition
• B. Only the rights in the underlying composition
• C. Only the rights in the sound recording
• D. No license needed for sampling

Answer: (A)

When you sample a sound recording, you’re using two distinct pieces of intellectual property: the actual sound of the recording and the musical work that underlies it. To use the sample legally, you must obtain two licenses: one from the owner of the sound recording (the master) to reproduce and distribute that specific recording, and one from the owner of the underlying composition (the song itself) to reproduce the musical work, including its melody, harmony, and lyrics. Without both licenses, you could infringe on copyright in either the recording or the composition. That’s why you must clear the rights in the sound recording and the underlying composition—the two together cover all aspects of the sample.

When you sample a sound recording, you’re using two distinct pieces of intellectual property: the actual sound of the recording and the musical work that underlies it. To use the sample legally, you must obtain two licenses: one from the owner of the sound recording (the master) to reproduce and distribute that specific recording, and one from the owner of the underlying composition (the song itself) to reproduce the musical work, including its melody, harmony, and lyrics. Without both licenses, you could infringe on copyright in either the recording or the composition. That’s why you must clear the rights in the sound recording and the underlying composition—the two together cover all aspects of the sample.