Depending on your status as an artist (sales!) odds are you will fly under the radar. If you start selling decent amounts of this song you may be contacted by the bands label in reference to the sample. Of course, action against you can vary from having the song removed from your CD, to some or all of the money made based on the song. A good example is The Verve sampling the Stones. By the time the Stones were done with them, they had to pay 100% of money made to The Stones and their label. Of course without that song would the US have even heard the Verve?
Sometimes it's worth the risk. Bad publicity vs. none!
Or the law is the law. Take your pick.
