Sampling sits at the heart of modern music creation. What began as a hands-on, experimental process in the early days of hip-hop has evolved into a sophisticated digital craft, shaping the sound of music and its unlimited creative possibilities. In a conversation with L.A Recording School instructor Luiz Costa, he breaks down both sides of sampling: its creative power as a musical tool, and the legal responsibilities that come with using existing recordings. From creating transformative loops to the complexities of copyright clearance, this discussion explores how sampling continues to push music forward.

Instructor: Luiz Costa

Part I: The Creative Art of Sampling

For those new to the concept, what exactly is music sampling, and why has it become such a fundamental part of modern music production?

Music sampling is the process of utilizing an existing recorded sound, whether it’s a musical instrument, a sound effect, or even a section of an existing piece of music, and integrating it as an element in a new recording. The sample can be manipulated, chopped, pitch-shifted, looped, or layered with other elements to create something fresh. Sampling has become fundamental because it allows producers to bridge eras and genres, turning familiar sounds into new creative statements.

When you think of a perfect example of sampling, what artist or song comes to mind? Can you walk us through what makes that particular sample so effective – creatively and technically?

When talking about sampling, the evolution of hip-hop and electronic music is closely tied to the practice. Since the 70s, artists have experimented with different sampling techniques to create and transform music. Over time, genres from pop to EDM also embraced sampling, using it to enhance productions or even as a primary tool for composing.

Daft Punk, which is a duo I really like, is a great example of how sampling can be transformative. On Discovery (2001), they pulled fragments from 70s and 80s disco, funk, and soul records, then recontextualized them with filters, looping, and digital processing. For example, “One More Time” samples Eddie Johns’ “More Spell on You”, reshaped into a hypnotic, filtered anthem, and “Harder, Better, Faster, Stronger” takes Edwin Birdsong’s “Cola Bottle Baby” and rebuilds it into a robotic groove.

What makes these samples so effective is not just the source material, but how Daft Punk manipulated them. They didn’t just copy and paste. They filtered, stretched, chopped, and layered the sounds in ways that made the samples unique yet still carried their original soul.

Can you explain some advanced or ‘transformative’ sampling techniques, like chopping, re-sequencing, or using granular synthesis, and give examples of how they’ve been used to create something entirely new?

Some of the most common sampling techniques involve cutting parts of a recording into small fragments and rearranging them to create entirely new patterns. Playing fragments backwards has also been widely used to add unexpected textures. Time-stretching and pitch-shifting are other popular tools for reshaping sound. For example, Kanye West’s “chipmunk soul” era sped up R&B vocal samples to create distinctive, high-pitched melodies.

Layering and filtering are also essential techniques. A producer might loop a sample, then use equalizers and filters to carve out frequencies, making the sound fit seamlessly into a mix or even resemble a new instrument. Daft Punk’s “One More Time” is a classic case of creative filtering, where the original disco sample was transformed into something futuristic and hypnotic.

On the more advanced side, techniques like granular synthesis allow a producer to break a sample into tiny “grains” and manipulate playback speed, pitch, and texture, often resulting in atmospheric or otherworldly effects.

In essence, any form of audio processing that alters the original source can become a tool for creating new samples and new musical ideas.

How has the act of sampling changed with technology? How does a producer’s workflow today compare to the early days of analog tape manipulation or hardware samplers?

In the early days, sampling was a very manual process, and producers had a lot more work to do. Sounds were usually captured from vinyl or tape (later from CDs as digital formats became available), then recorded into a sampler and manipulated as raw material for new compositions. Finding the right sound often meant digging through crates of records or hunting down specific media, which made the process both time-consuming and hands-on.

The introduction of hardware samplers like the Akai MPC revolutionized the workflow, giving beatmakers and producers a much faster and more intuitive way to record, chop, and sequence samples. Today, the process is even more streamlined. Producers have access to many samplers in software and massive online libraries with thousands of samples at their fingertips, through platforms like Splice. What once required hours of searching, recording, and preparing can now be done in seconds.

That said, the essence of good sampling hasn’t changed. The magic still lies in how you manipulate the sounds and how creatively you transform them into something new.

For many producers, the art of sampling begins with the hunt for sounds. What advice would you give to someone looking for unique and inspiring samples? What are some sources beyond old vinyl records?

Sampling is an art in itself, and finding the right source material is always a challenge. Even though it’s easier than ever to access virtually any sound you can imagine, the key is finding something that truly sparks inspiration.

Some producers still prefer the old-school approach of digging through records and recording from vinyl, but inspiration can come from many other places: field recordings, film dialogue, YouTube clips, live instruments, or even sounds captured on a phone. Others prefer to use modern sample libraries that allow you to search by genre, mood, tempo, or key, which can save time if you’re looking for something very specific.

Whether you’re searching for happy accidents or aiming for a particular style, the important thing is to approach sampling with curiosity and patience. The more time you invest in exploring sound, the more likely you are to find that one sample that triggers a creative idea.

Part II: Navigating the Legal Landscape

Can you explain the two distinct copyrights an artist needs to be aware of when sampling a song: the “master recording” and the “musical composition?” Who typically owns each one?

When sampling, it’s important to remember that you’re usually working with material owned by someone else, which makes copyright a key concern. A song typically has two separate copyrights: the sound recording and the musical work.

To use a sample legally, you need clearance from both. The sound recording copyright (Ⓟ) covers the specific audio, while the musical work copyright (©) protects the underlying song, covering the melody, lyrics, and structure. In most cases, the sound recording is owned by the record label, and the musical work is owned either by the songwriter(s) or by a music publisher that administers those rights on their behalf.

Even if you manipulate, chop, or transform the sample, both copyrights still apply, so getting proper permission is essential.

There are so many myths in the producer community – the “six-second rule,” the idea that it’s okay if you give the song away for free, or that you can get away with it if you make a sound unrecognizable. What is the reality of these beliefs from a legal standpoint?

Legally speaking, any use of someone else’s work requires clearance for both rights: the sound recording and the musical work. Even if a sample is heavily manipulated or barely recognizable, it still originates from copyrighted

material, so the creator is responsible for obtaining permission. In practice, it can be difficult to identify samples once producers layer and combine them into new soundscapes, but from a legal standpoint, that doesn’t eliminate liability.

Walk us through the practical process of clearing a sample. Who does an artist need to contact, and what factors determine the cost of a license?

Today, many producers rely on platforms and libraries that provide royalty-free samples. These can typically be used without restrictions, unless the platform specifies particular terms and conditions. When it comes to using another artist’s music or recordings, however, you need to follow the traditional clearance process: contacting the label that owns the master recording and the songwriter(s) or publisher(s) who control the composition.

Rates vary widely depending on factors like the popularity of the song, the length of the sample, how it will be used, and the type of distribution. There are no fixed rules, but generally, sampling a famous artist or hit song will be much more expensive than using a lesser-known or obscure recording. That’s why it’s important for producers to weigh these considerations carefully when deciding how to integrate samples into their work.

In the history of sampling, is there one legal case that stands out as particularly influential or that changed the game for everyone else? What was the outcome, and what was its impact?

There have been many legal cases involving sampling over the past few decades. One clear example that shows how simply altering a sample isn’t enough without proper clearance is Vanilla Ice’s hit “Ice Ice Baby.” The track famously used the bass line from Queen and David Bowie’s “Under Pressure.” The song launched Vanilla Ice’s career and made him a household name, but he hadn’t secured permission to use the sample.

Vanilla Ice initially claimed he had changed the bass line by adding a note, but that argument didn’t hold up. The dispute was eventually settled out of court, with Ice paying an undisclosed sum to Queen and Bowie, who were also granted co-writer credits. Later, Ice went on to purchase the publishing rights for the song outright for a reported $4 million, deciding it was more practical than paying ongoing royalties to Bowie and Queen in perpetuity.

The concept of “fair use” is often misunderstood. How does the fair use doctrine apply to music sampling, and why is it so rarely a successful defense in commercial music? Are there any exceptions?

Fair use is a principle in U.S. copyright law that allows copyrighted material to be used without permission for certain purposes, such as commentary, analysis, research, or education. If copyrighted material is used within these contexts, it is more likely to be considered fair use in the event of a lawsuit.

However, using a piece of music or a sample as part of a new musical composition, especially in a commercial release, rarely qualifies as fair use. Courts generally view that as creating a derivative work rather than commentary or analysis. Ultimately, it is up to a judge to determine what does or does not fall under fair use in each specific case, but in practice, it’s very difficult to successfully claim fair use for music sampling in commercial contexts.

As music becomes more democratized and accessible, what new challenges or opportunities do you see for sample licensing? Are there ethical alternatives or new models that are emerging for artists who want to create with others’ work?

As the music industry evolves, new models and practices are reshaping how artists deal with samples and licenses. The safest approach is still to rely on resources where licenses are clearly available or to use royalty-free options. However, with the rise of AI-generated music, new challenges enter the picture. For example, what rights do you actually have when using an AI-generated sound? And can you be sure you are fully protected from copyright infringement, given that many AI tools are trained on copyrighted material? These questions are still developing, and best practices have yet to be firmly established. For now, the most reliable advice is to stay on the safe side: if you want to use a sample, clear it directly with the copyright owners whenever possible.

As Luiz Costa reminds us, the art of sampling is about more than just reusing sound. It’s about reimagining it. Technology has made it easier than ever to access and manipulate audio, but the real creativity still lies in how artists transform those fragments into something new and meaningful while balancing the legal landscape of protecting both your work and the work of others. Whether you’re scrolling through online libraries, or experimenting with AI-generated sounds, sampling remains one of the most powerful ways to connect the past and future of music.

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