Legal Question in Entertainment Law in California
Song Sampling
Can you sample an instrumental and add your own vocals? The song would be used for promo use only.
2 Answers from Attorneys
Re: Song Sampling
It the use plays a role in deriving monetary gain, then you technically need a grant of permission to use the instrumental.
Re: Song Sampling
It's not clear exactly what you're proposing to do. If you copy any substantial portion of the original work, you must obtain a license. The nature of your use is largely irrelevant.
"Sampling" more often refers to use of a very short segment from a prior work, as a "quote" or reference in a new work. even in such situations, licenses must be obtained.
Note also, that you've got TWO licenses you'll need. The Musical composition (the songwriter's contribution) is controlled by the music publisher, while the recorded performance (the artist's contribution) is controlled by the record label.