These days, original production seems to be key; hell, Daft Punk spent a million on hiring musicians to create original material for Random Access Memories. That said, there are times where a great sample is just what the doctor ordered. You can't escape the feeling some of those original sounds provide; we've heard producers attempt to recreate a sample and just not get the desired effect. The problem with all of this? Legal mumbo jumbo, of course!
Many producers have attempted to get away with sampling by many means, from releasing the track for free to putting so much filter and effects on it that it'd be difficult to figure out the source material anyways. It's hard to hide on the Internets, and those legal watchdogs will catch you out there slipping if you let them.
Justin Chapman (of The Law Office of T. Justin Chapman, LLC), who you may remember as being the lawyer that helped us figure out what to do if you think your music has been stolen, recently wrote a piece giving sample-using producers some suggestions on how to still get their music heard, and gave us permission to post it on DAD. Take this info in and figure out how you can operate in these changing times... legally.
This article should not be construed as legal advice or legal opinion on any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult a lawyer concerning your own situation with any specific legal question you may have.