No matter the style of music or the popularity of the artist, it’s important to know how to clear a sample for an official release. From Beyoncé to Daft Punk, sampling has been a fundamental part of music production for many years, but how do the greats get approval to use samples from other songs, and how can you get the necessary approval to release music containing samples?
Perhaps you’re planning on sampling a piece of music, or maybe you’ve already sampled a track for your latest masterpiece. Either way, read on as we explain how to clear a sample for release.
In this article:
- What is a Sample in Music Production?
- What is Sample Clearance?
- Why Should You Clear a Sample for Release?
- Rightsholders Explained - Master vs Composition Rights
- How to Clear a Sample for Release
Sample Clearance Basics
Before we get into the process of clearing a sample, let’s clarify some of the terminology and legalities around the subject.
What is a Sample in Music Production?
In the context of music production, a sample is any piece of audio that is taken from another published audio source and used in a new composition. Of course there are plenty of royalty-free sample packs and sample subscription services out there. These offer a range of sounds which are free to use in your own productions without the need for clearance and other complex legal processes.
Aside from dedicated sample packs, samples are commonly taken from other music, but can also be taken from films, TV shows, radio and more. It is these samples that require official approval from rightsholders in order to use the sample.
What is Sample Clearance?
Before releasing a production which contains an audio sample, you first need to get the appropriate permission from the various rightsholders. This process is known as clearing a sample, and can be a slow and expensive process due to the many legal hurdles you may need to jump.
Why Should You Clear a Sample for Release?
You might be wondering why you need to clear a sample for release. After all, it’s easier than ever to sample specific elements of existing audio using stem separation tools like LALAL.AI. In legal terms, though, it’s not quite that simple. When a song is produced and released, its rights are usually joint owned by the artist and record label, but more on that shortly.
Sampling a song without the appropriate clearance is copyright infringement, which can land you with unwanted legal issues including fines and even criminal charges in some countries. There are also tales of artists achieving huge commercial success with songs containing uncleared samples, and then having to negotiate unfavourable terms retrospectively. One such example is Baauer’s viral hit Harlem Shake, in which he sampled two sound sources without the necessary approval.
Rightsholders Explained - Master vs Composition Rights
To make matters even more complicated, rights are usually split into two types, the master and composition rights. The master rights refer to the reproduction and distribution of the finished piece of music, and are usually owned by a record label. The composition rights refer to melodic, lyrical and musical elements, and are usually owned by the artist themselves.
🙌 Read also: What Does It Mean to Own Your Masters? Explained
When you directly sample a piece of released music, you will need to acquire the relevant permission from all relevant master and composition rights holders, whether that’s the record label, artist, publisher, songwriter or a combination of the above.
However, if you only want to copy a lyric or a melody, you only need to acquire permission from the composition rights holder. For this reason, many artists opt to recreate samples rather than take them directly, as this can save time and money. This process is known as interpolation.
How to Clear a Sample for Release
With the technicalities covered, let’s go through the various steps you need to take in order to release a song that contains samples.
1. Establish the source, nature and length of the sample
Before you begin to ask for permission to use a sample, it’s good practice to formalise the nature of the sample in writing. Which bits of the song are you sampling? Is it the vocal or melody, or perhaps the drums? At what point in the song did you take the sample? It might just be the intro, or maybe it’s the main hook. If you can give specific time stamps, even better.
Similarly, it is useful to explain to rightsholders how the sample has been used in your composition. Whether it’s been processed beyond recognition or is a core component of the track, it’s best to spell it out for rightsholders. You should also share the nature and intended date of release. Is it for a digital single, or for a physically released album? Clarifying all of this information will help to speed up the sample clearance process, and will help the rightsholders to understand what you’re asking them permission for.
2. Find the relevant rightsholders
It’s now time to figure out who you need to contact to clear the sample. As we’ve already discussed, this might mean contacting both the master and composition rightsholder. For the master rights, try contacting the record label in the first instance. This information can usually be found by checking the song credits on your chosen streaming service, or on a music marketplace such as Beatport, Juno or the iTunes Store.
Finding the composition rights is a little trickier, so it’s time to don your detective hat. Composition rights generally lie with the songwriter or publisher, and may even be split between multiple parties. The tools mentioned above may point you in the right direction of the relevant rightsholder, but but you can look deeper by checking a song’s Release Page on Discogs. Failing that, you can use songwriting databases and directories such as ASCAP’s ACE Repertory, BMI or PRS.
3. Contact the rightsholders
Unfortunately, tracking down the relevant rightsholders is only one part of this process. You still need to find the correct contact details before you can formally ask them to clear the sample. If possible, try to find a contact number for general enquiries, as you can then call and ask to speak to the relevant individual or department. If you can’t find a contact number, an ‘info’ or general enquiries email address is the best place to start.
Don’t forget to include all of the information you collated in step one. It’s important to be clear and direct about what you’re asking and what it means for the rightsholder. Of course you should also provide a demo of your track so that the rightsholder can understand the context within which it’s been sampled. This entire process can last months or even years, so contact the rightsholders as soon as you can in order to get the sample clearance ball rolling.
4. Agree the necessary fee and terms
Assuming you can get a response from all rightsholders and they all agree to clear the sample in question, you’ll now need to agree the necessary terms and fees. If you’re releasing music with a record label, they ought to take care of this step of the process. If you’re self-releasing music which contains the sample, it’s worth considering enlisting the help of a music lawyer. Music royalties can be a complex subject, and you need to ensure that you are acquiring the relevant rights as well as a fair financial agreement.
If hiring a music lawyer isn’t feasible, there are some artist organisations such as the Musicians Union who may be able to offer some level of free legal advice about royalties and rights. However you approach this part of the sample clearance process, it can take some time, particularly when the rightsholders are formed of multiple parties. For you to be able to use the sample in your production, you’ll of course need to get approval from every rightsholder.
5. Release your music
Once you’ve agreed on the terms and any potential fees, you’re ready to go ahead with your release. Make sure to keep to the terms you’ve agreed in writing, as deviating from them in any shape or form would then take you back to square one and you’d be committing copyright infringement. If you do need to make any change to the release, whether it’s the release date or release format, be sure to make the relevant rightsholders aware as soon as possible.
