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Digital sampling refers to a technique of taking a recorded passage from an already existing or recorded musical, spoken or other work and then adding it into a new recording. It is referred as a sample and is regularly used in a repetitive manner or backwards or in combination with other sounds or samples. Even though the sample may be no longer recognizable, the new use is an infringement of a right treating it as a derivative work. Permission is to be obtained for use of the sample.
The U.S. Copyright Act prohibits a person from copying the original artistic work of another, without consent. If a person use a part of another's work, even a very small part, without the copyright owner's consent, s/he is infringing the owner's rights.