@panzade,
"*If the new “beat” or song is not “creating a new work,” it is enhancing or modifying something already created. For example, if I copy the Mona Lisa and add a mustache, I have not created something new; I have just altered something already created by another artist. Therefore, that other artist sometimes wants his cut (or whoever owns the original Mona Lisa wants his cut). They sue, and a court then decides whether I created something new or infringed on the original artist or owner."
http://kevinnottingham.com/2009/06/02/sampling-legally-101/
I thought the subject made for some interesting reading and I like the way this person explained the process.