Why have sampling synthesizer been controversial?

Answer 1

Sampling synthesizers can record waveforms and play them back, on demand. The original intent was to be able to record sounds from traditional instruments, so that the synthesizer could imitate those instruments realistically.

While sampling synths are widely used as intended, they also have the ability to record waveforms from published recordings. The sounds on published recordings are protected by copyright; you cannot legally use them in the creation of a new work without permission from the owner of the original recording. Getting permission usually involves agreeing to a schedule of royalty payments.

Some U.S. courts have ruled that it does not matter how short the sample is, or how much it has been modified. If the sample originated with another recording, it is infringement. However, the issue is far from settled and courts in other countries have made different interpretations of copyright law. Meanwhile, unlicensed sampling and, in some genres, total disregard for the law, has become the norm.