A copyright grants its owner the exclusive right to reproduce, manipulate and perform his work. Any recorded piece of music is protected by two separate copyrights: the copyright in the sound recording and the copyright in the musical composition. As of 2010, court interpretation of copyright law dictates an artist wishing to sample another artist's work must at least obtain permission from the sound recording copyright owner regardless of the length of the sample.
The sound recording copyright protects the particular recording of a song, not the arrangement or composition of the song itself. The sound recording copyright is typically owned by the record label. Sampling by definition infringes the sound recording copyright because the process of sampling requires taking and copying another recording, then manipulating it so that it can be used in the new song. For this reason, courts have concluded any sampling, even if only one note is used, constitutes infringement.
The composition copyright protects the melody, harmony, rhythm and lyrics of a song, in combination--the elements that could be notated in sheet music for others to read and play. Sampling does not always infringe a composition copyright. The law recognizes that there are limited combinations of notes that are harmonious and pleasing to the ear. Unlike the sound recording copyright, infringement of the composition copyright would require sampling a much longer series of notes.
After the Bridgeport ruling, an artist must obtain a license to use a sample of any sound recording. Sample clearance firms make this process simpler by locating and negotiating with the copyright owner on the artist's behalf, and completing the necessary paperwork. Fear of a lawsuit over uncleared samples have led many labels to avoid sample-based music unless the label has assurance from the producer that all samples are pre-cleared.
Many legal experts contend the principles of fair use and de minimis should apply to sound recordings. These principles would allow unlicensed sampling provided the portion sampled was insubstantial and unrecognizable. According to this view, a copyright provides a limited monopoly to its owner; copying and using a copyrighted work, or a portion thereof, is permissible provided this use is "fair." However, according to the Bridgeport ruling, sound recording copyrights are not limited by fair use, and thus sampling is always infringement.