Record sample permissions for the composition and the recording
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Build a table with one row for the musical work and one row for the sound recording, and copy any permission the file already contains. Do not mark a use as fair.
- What the lawyer must review
- 17 USC 106, subject to sections 107 through 122, gives the owner the exclusive rights to reproduce the work in copies or phonorecords, to prepare derivative works, to distribute copies or phonorecords to the public, to perform publicly the listed literary, musical, dramatic, choreographic, pantomime, motion-picture, and other audiovisual works, to display publicly the listed works, and, for sound recordings, to perform the work publicly by means of a digital audio transmission. Sections 107 through 122 were not opened, so do not decide fair use or any other limitation. 17 USC 114(a) limits the exclusive rights in a sound recording to clauses (1), (2), (3), and (6) of section 106, and excludes any right of performance under section 106(4). Section 114(b) limits the reproduction right to duplicating the sound recording in phonorecords or copies that directly or indirectly recapture the actual sounds fixed in the recording, and limits the derivative right to a derivative work in which those actual sounds are rearranged, remixed, or otherwise altered in sequence or quality. Those rights do not extend to the making or duplication of another sound recording that consists entirely of an independent fixation of other sounds, even though such sounds imitate or simulate those in the copyrighted sound recording. The educational-television proviso in section 114(b) was read and is not a sample clearance. No sentence that was opened creates a sample-clearance safe harbor. Section 115 was not used. The table records whether the file contains reproduction and derivative permission for the musical work and for the sound recording.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Consider narrowly defined preparation support after confirming the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Calculate operative dates independently from the current rule and actual triggering event. Check exceptions and record the verified deadline.
- Review operative clauses in the complete document, including definitions, cross-references, schedules and inconsistencies with the instructions.
- Review the original source set for relevant material absent from the output, including contrary evidence, qualifications and remaining gaps.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.