The following article seeks to analyse the legality of sampling through a case law analysis, deciphering the various issues involved and the principles applied by the courts. Can classic works which are now in the public domain be sampled? If a contemporary producer were to take the works of Vivaldi, (western music composer who passed in the year of 1741) and merge them with his own drum programming, vocal chops, soft synth arpeggios and call the same his own work, would this be legal?