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People sample and release without permission, of course, but that doesn't make it legal. Several of them bank on the fact that they're just unlikely to get caught if they use a short enough sample and mask it well. The bottom line is that you need to get permission from the original label before you release it.
No, calling it a remix doesn't confer any immunity, in fact it just draws more attention to the fact that you didn't go through the proper channels. Remixes need to be licensed.
And the aforementioned "releasing" includes releasing into the public domain. Just because you're not making money from the sample, doesn't mean you have implied broadcast rights. Again, many bootleggers simply rely on the fact that if they're not bringing in any income from it then the lawyers will concentrate on more important targets. That doesn't make them immune.
I'll sum it up for you: If you plan to do anything significant with this track, then clear the samples, or have your label do it for you. Otherwise, keep a very, very low profile.
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