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Musician’s Guide to Clear a Sample For Songs

Learn how to clear a sample for songs legally with our comprehensive guide. Take the right steps for your music.

The guide explains the essential steps and considerations for musicians who want to legally use samples of copyrighted music in their own songs.

Sampling music involves incorporating snippets of another artist’s recording into a new track, and this guide breaks down how to clear those samples properly to avoid legal and financial troubles.

Key Points:

  1. What it Means to Clear a Sample
    Clearing a sample means identifying and obtaining permission from all rights holders involved in the track you wish to sample. This includes both the mechanical recording and the underlying composition.

  2. Steps to Clear a Sample

    • Identify the Sample Owners: Research who owns the recording and the composition. Useful resources include organizations like ASCAP, BMI, SESAC, and Harry Fox.
    • Request Permission: Contact the owners with details about the length of the sample, the new song, and your plans for its use.
    • Negotiate an Agreement: Compensation may involve a lump sum, a revenue percentage, or both. Agreements should specify ownership details and how the sample can be used.
  3. Costs of Clearing a Sample
    The cost depends on factors such as the popularity of the sample, the artists involved, and the intended use. Researching industry-standard rates can help ensure fair deals.

  4. Alternatives to Clearing a Sample
    If clearing a sample is too expensive or complex, musicians can use royalty-free sample libraries, create original compositions inspired by the sample, or hire a producer for assistance.

  5. Risks of Not Clearing a Sample
    Using uncleared samples can lead to lawsuits, fines, or removal of songs from platforms like Spotify and SoundCloud. Notable cases, like The Verve’s “Bittersweet Symphony,” highlight the potential consequences.

  6. Navigating Sample Clearance with Confidence
    Musicians are encouraged to approach sample clearance with diligence and seek legal advice from an entertainment lawyer if needed to ensure that their releases are legally sound.


Source: Musician’s Guide to Clear a Sample For Songs

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