posted 3 years ago
Copyright subsists in sound recordings and in the music and lyrics to songs. The U.K. Copyright, Designs and Patents Act 1988 (CDPA) provides that only the owner of a work can copy it; issue copies or lend or rent copies of the work to the public; perform, show or play the work in public; broadcast it; and make an adaptation of the work, or do any of the above in relation to an adaptation. Any kind of sampling without the consent of the copyright owner amounts therefore, prima facie, to infringement.
Sampling without permission usually violates two rights – copyright in the sound recording (owned by an artist or record company) and copyright in the song itself (owned by the songwriter or music publishing company). Before carrying out sampling, one must first seek the original copyright owners’ consent – or that of their agent, such as collection societies (for example, the Performing Right Society or Phonographic Performance Ltd. in the U.K.) that manage copyright on behalf of owners.