2. The answer is in the article. I can`t give you specific advice and tell you that if you use unsolved samples, you`re going to be in order – but the guys from Djuma were unlucky. Almost always, people who get caught with ambiguous samples have a chance to settle down. The law is that you can be sued for copyright infringement if you make a recording with a sample that your studio never leaves. The act of creation is an act of violation, and you could be prosecuted. It never needs to go on sale and certainly no success. In most countries, the amount of the sample from the hurtful work is negligible when it comes to quantifying the probability of a claim on a legal basis and quantifying the harm to be paid. HOWEVER, in 99.9% of real-world cases time artists are never prosecuted and chances that you have a record with a sample, and then be prosecuted in a situation where the person who sues you not only take all your income (and little, if not extra) are extremely low.
Maybe less than one in 10,000. That`s my opinion, of course, not legal advice! Sometimes artists know exactly which song they`re palpating, and they have a solid idea of who they should be allowed. But that`s not always the case. I am afraid this article is quite clear. The law is that, yes, you could be sued for any use of a recording containing samples, whether you put it up for sale or not. The act of doing it is a violation. (d) with respect to the commercial use of recordings containing a sample: Do not sell, Do not otherwise concede or use a sample-containing record through a « Major Record Label » (as defined below) or an « independent qualifying label » (as defined below) without contacting: (A) so that we can connect to the model owner to obtain formal permission from the sample for use in the registration; (B) Allowance of no less than fifty per cent (50 per cent) advances, royalties and/or publishing goods you have received from the Major Record Label or the Qualifying Independent label (if any) in connection with the recordings; and (C) to ensure that the sample owner, as co-producer, embodies the recording, including, if applicable, metadata, as well as all recording-related advertisements, in relation to all commercial uses of recordings on single or album liners (in each configuration). If you already have a record contract, you must consider whether the type recording fee, royalty payment or advances paid to third-party purchase rights can be deducted from your own licence fee, or whether the record company must allocate all or part of the costs. Some labels believe that sampling costs are part of the recoverable registration costs, while others adopt a more flexible line.
However, it is never advisable to ignore the problem and publish a data set containing unexplained samples.