As I understand it (though I may be wrong) in music sampling cases, it doesn’t matter if the “sample” is using an actual clip from a recording or if were recreated from scratch using a new media (e.g. direct midi sequence), if a song sampling another song is recognizable it is still infringing.
>>dv_dt+(OP)
Sampling is not the same as duplication. Sampling is allowed as it's a derivitive work as long as it's substantially different from the original.
It's a "I know it when I see it" situation so it's not clear cut.
>>parine+05
Oh, the day when an artist could sample other artists without attribution and royalties is long gone. The music labels are very hard on this these days.