Sample Clearance 101: The Producer's Guide to Legal Sampling
Sampling is a cornerstone of modern music production, from Hip-Hop to Pop. But using a snippet of someone else's recording without permission is copyright infringement. In this guide, we'll explain how to legally clear a sample and protect your music from lawsuits and takedowns.
1. The Two Halves of Clearance
To clear a sample, you almost always need two separate permissions:
- Master Use License: From the record label (or whoever owns the audio recording).
- Synchronization / Mechanical License: From the music publisher (who represents the songwriter/composer).
If you don't have BOTH, your sample is not cleared.
2. How to Find the Owners
Start by looking at the liner notes or search the databases of PROs like ASCAP or BMI. For the master recording, look at the "P" line on Spotify (the phonographic copyright). You may need to reach out to the label's "Licensing" or "Clearance" department.
3. The Cost of Clearance
There are typically two costs involved:
- An Upfront Fee: A flat dollar amount (ranging from a few hundred to several thousand dollars).
- A Royalty Percentage: A share of the ownership in your new song (often 10% to 50% depending on the prominence of the sample).
4. Alternatives to Clearance
- Sample Libraries: Services like Splice or Loopcloud provide "Royalty-Free" samples that are pre-cleared for use.
- Interpolation: If you re-record the melody yourself instead of using the original audio, you only need to clear the Publishing, not the Master.
- Public Domain: Use music where the copyright has expired (usually 70+ years after the author's death).
Summary
Don't risk your career on uncleared samples. Whether you clear it legally or choose royalty-free alternatives, being a professional producer means respecting the rights of other creators and protecting your own work.