The Song Remains The Same: A Review of the Legalities of Music Sampling

December 2009

Record labels, artists, music publishing

By Ben Challis

A new abridged and updated version of Ben Challis’s 2003 essay on music sampling, “The Song Remains The Same”, has just been republished in the WIPO Magazine which is free both online and as a pdf. Ben’s article is followed in this issue by another essay, “Is Sampling Always Copyright Infringement?” by Polish lawyers Tomasz Rychlicki and Adam Zieli?ski, co-authors along with DJ Twister of “Sampling and scratching in US copyright and Polish law: a comparative analysis”, published in the Journal of Intellectual Property Law Practice earlier this year. In turn this is followed by a third article looking at  contemporary copyright issues – “Legal Use of Digital Content – Making it Clear and Simple” by Lesley Ellen Harris.
A pdf of the entire magazine (Issue 6/November 2009) can be downloaded at

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