An excerpt from the Guardian's article on sampling following Harlem Shake's legal troubles:
"...the not-making-a-dime defence seems to be keeping potential
litigants at bay, enabling a return to the unshackled creativity of
the late 80s, but it is a precarious freedom. A single lawsuit, and a
ruling more in line with Judge Duffy's "thou shalt not steal"
views than those of the copyright reformers, could bring the shutters
clanging down.
For producers who choose to sell their copyright-flouting work,
the situation is even hazier because their only defence is obscurity.
Most independent labels lack the staff to vet and clear samples, and
most of their artists lack the funds, so some choose to release the
records anyway and, perversely, hope they don't become
attention-grabbing hits."