Even a very short sample from a piece of music will almost invariably be a “substantial part” of the music. A sample could also contain a “substantial part” of lyrics and of the sound recording. If so, you will need permission from the relevant copyright owner(s).

It is less clear whether or not a sample of dialogue or speech from a source such as a TV program or a film will be a “substantial part” of the relevant script or speech. In every case, the legal question is whether or not the part is an important, distinctive or essential part of the material from which it is taken.

Because this can be such a grey area, we understand that it is industry practice to clear all samples (for example, with both the relevant music publisher and the record company, if the sample is music). This avoids any arguments down the track as to whether or not you have infringed copyright.