How to Clear a Sample

Ever wonder why Jamie Foxx is on Gold Digger instead of Ray Charles? Or why a version of All Falls Down with Lauryn Hill is floating around the internet? Or maybe you just found a fire sample and are looking to release it to the world?

Sample clearance is a complex topic that often requires dozens of hours of work & legitimate legal consultation to secure (and we strongly recommend reaching out to an entertainment lawyer if you are going this route). We’re going to break it down for you, and hopefully shed some light on this oft-requested topic.

Some important things to note - you must get a sample cleared even if:

• It’s only a few seconds long

• It’s for non-profit use (i.e., SoundCloud, YouTube)

While you are technically free to release a song without doing so, you violate your contract with your distributor/aggregator (even DistroKid!). You could also face more severe repercussions if the sample owner becomes aware of your use.

Artwork by Jake Standley

What is Sampling?

Sampling involves taking a piece of someone else’s copyrighted work and using it, either directly or after altering the work and using it in a new recording or composition. 

Sampling has a lot of history in the genre of hip-hop and came under scrutiny often when Hip-Hop was first gaining momentum in the 1980s and 1990s. Many famous producers from the era, including Dr. Dre & the RZA, excelled in using the samples to craft the 1990s DTLA or Shaolin soundscapes.

The practice continues to evolve today - artists like Kanye West found their success in sampling, utilizing soul records to create a new sound - something he details on The Last Call. Meanwhile, you have contemporary duos like Juice Wrld & Nick Mira being sued millions of dollars by Yellowcard for their use of “melodic elements” in Lucid Dreams. 

Can you get sued for reusing “melodic elements?” Understanding the types of sampling will help you know when you need to start working to clear samples.

Who owns a Sample?

Depending on how you go about sampling (which I cover below), there are two separate people you will need to contact to clear a sample.

1. Copyright Owner: The copyright holder is typically the publisher or songwriter. You need to talk to the Copyright Owner to get clearance to sample the composition (aka the songwriting, melody, etc.).

2. Master Recording Owner: The master recording is typically owned by the record label associated with the release. You need to get clearance from the master recording owner to obtain permission to sample the recording (aka Ray Charles performing “I Got a Woman”).

   1. If you cannot get master recording permissions, you can still get the copyright owners’ permission and use an interpolation, which I define below.

Types of Sampling?

Some quick types of sampling that are commonly used include

1. Traditional Sampling: what you typically associate with sampling. Recording or ripping pieces of a recording from online, vinyl, etc.

2. Interpolation: When you re-record a song or part of a song for sampling. Interpolation is what we see Kanye doing on Gold Digger & All Falls Down. Another recent example is Drake’s use of Eminem’s hook from Superman on Chicago Freestyle. The final example is Juice Wrld, allegedly using some of Yellow Card’s melody on Lucid Dreams. Some benefits to interpolation include:

   1. Ability to get high-quality audio without any interference with other portions or instruments on a song

   2. Only require clearance from the composition owner - as you are not using the master recording.

3. Loops: These have gained massive popularity in recent years through platforms like Splice. I strongly recommend checking these libraries out, especially if you are beginning as a producer and don’t have large amounts of capital available.

How to Clear a Sample

Now that you have a foundation on sampling & how it works, we have to figure out how to get your sample cleared. Here are some straightforward steps to follow:

1. Find the copyright & master owners

   1. Use ASCAP/BMI to find the copyright owner

   2. Refer to liner notes of a CD or Vinyl, or Google if necessary, to find the record label that owns the master recording

2. Figure out what your budget is - Consider that you are likely to pay a hefty fee to both the copyright & master owners as an advance before releasing the record. After release, you will supply a portion of your revenue, sometimes up to 50%!

3. Negotiate - This is where it is essential to loop in an established attorney if you have not already. These negotiations can be very complicated, and I do not recommend navigating on your own.

What if I can’t get in contact with one or either owner?

Most of the time, the larger record labels & publishers will not even respond to a request to sample a song from an up & coming or independent artist. Usually, if there is no guarantee of a large advance upfront AND you aren’t on either the publisher or label’s roster, there is a slim chance of getting the sample approved.

This means that there are a lot of songs featuring samples out there that are technically illegal. Make sure you remember the potential ramifications you could face, especially if the song sees serious success. Let’s not forget that Lord Finesse sued Mac Miller for $10mm after Mac used a beat on K.I.D.S., a free mixtape.

Next Steps

If you’re dead set on sampling in your music, there are a few other routes to take. 

1. I recommend checking out those loop libraries I mentioned above. 

2. There are services like this that help artists clear samples. I have never used them personally, so I cannot vouch for them, but their prices seem reasonable for the service provided. Just keep in mind - sampling is an expensive endeavor.

3. If you are already working with a distributor, record label, or publisher, ask them for assistance. They will either be able to provide you with a catalog of records that you will be able to sample (but will still require the fees) or help you connect the dots to ensure you at least get a meeting with the copyright masters owners.

Samples are an integral piece of Hip-Hop’s history & some of the most successful records, even in 2020, rely on them. On the other hand, there is a definite financial & legal risk when taking advantage of a song’s pre-existing equity & using it as a sample. I recommend being selective when considering using a sample. And if you end up deciding it’s a necessity for your release, please reach out to an entertainment attorney for further guidance.

Until next week!