I'm wondering if you can legally use a sample without paying royalties if the label is out of business, and/or if the artist is dead.
Thanks in advance.
I suspect that even though the label is out of business, someone (an individual) still owns the rights. As far as an artist being dead, it's not unusual for his/her estate (relatives) to own the rights.
If the artist has been dead that long and you are going to sample his/her work, I suspect you're talking about sampling someone's performance of the material.
Now the question is whether that performance is protected, and I suspect it is.
Are talking about something like sampling the London Symphony Orchestra's performance of the Nutcraker?
phyl: yes, possibly a performance. I'm more gearing my question of just individual notes and manipulating them(or not)to my liking. I would assume I'd need to ask permission from someone if it was a modern rendition and the person who did the music(actually played it on the record)was alive.