How To Clear a Sample: 4 (Not So Easy) Steps

For independent artists, clearing a sample can be difficult and expensive. And sometimes, the right sample can add a certain magic to a track that just can't be recreated. What's an independent artist to do?

When it comes to sampling, my advice to clients is always the same: if you're serious about making money from your music, then you should clear your samples. If you're not prepared to clear samples, don't make sample-based music that you intend to release. Forget about "fair use" ﹣ it's a narrow exception with a lot of uncertainty. You should operate with the assumption that all samples must be cleared.

Common excuses for not clearing a sample:

• Licenses are expensive

• It's going to take too long

• Copyright laws discourage creativity

• I don't really care about making money from my music

• I don't feel comfortable doing it myself

• Most people won't recognize the source and I probably won't get caught

• I'll never write another track as good as this

• Burial didn't clear any of his samples for Untrue

Good reasons to clear a sample:

• I want to be able to earn money from my song

• I know I can't rely on "fair use"

• If I try to clear the sample after releasing the track, I'll have no bargaining power

• I don't want my song to be removed from streaming services

• I don't want to get in trouble with my distributor or manufacturer

• I want to support another artist I admire

How are samples cleared?

To clear a sample, you need to get permission from two parties: 1) the owner of the sound recording (usually a label); and 2) the owner of the composition (usually a publisher). You can typically find this information online fairly easily. Contact both parties by email and begin negotiations. Or, work with a music lawyer or clearance company (there are a lot of great ones out there!).

Here are the steps to clear a sample:

1. Identify the owner of the sound recording (usually a label).

2. Identify the owner of the composition (usually a publisher).

3. Email both parties and ask for permission.

4. Negotiate two separate licenses. Then release the song.

The cost of clearing a sample varies widely, from hundreds of dollars to tens of thousands of dollars. The amount you'll have to pay depends on a number of factors, including:

• How well-known the original song is

• How much of the original you've sampled

• Whether the sample is the the heart of the track or in the background

• Your stature in the industry, including past record sales and streams

A word of caution: If you've already released the song, you'll essentially have no leverage in negotiations. That's why it's important to sort these things out early in the production pipeline!

*This isn't legal advice. If you have questions about clearing a sample, contact a lawyer in your area.