How to clear a sample before you release your song
If a beat has a sample in it, the song is not fully yours to release until that sample is cleared. Most artists find this out late. Here is how it works, in plain words, so you can handle it before the release date.
What a sample is
A sample is a piece of an existing recording used in a new song. A vocal chop, a drum break, a horn line, four bars of an old soul record. It counts even when it is short, sped up, slowed down or flipped.
An interpolation is different. That is when somebody replays or re-sings a part of a song instead of lifting the recording. You still need permission for the song itself, but not for the recording.
Every sample has two owners
- The master. The actual recording. Usually a record label owns it.
- The publishing. The song itself, the words and the melody. Usually a publisher and the songwriters own it.
You need a yes from both sides. One yes is not enough. If you got the label but not the publisher, you are not cleared.
The steps
- Find out exactly what was sampled. Get the song name, the artist and the release. Ask the producer if you are not sure.
- Find the owners. The credits on the original release are the first place to look. For publishing, search the song in the public databases at BMI, ASCAP and SESAC. For the master, look up the label on the release and find out who owns that catalog today, because catalogs get sold.
- Send a clear request. Tell them who you are, the song you sampled, how many seconds you used and how you used it, how you plan to release it, and send them a rough of your song.
- Agree on the terms. They can say yes, say no, or ask for money. Often it is an upfront fee, a share of the song, or both.
- Get it in writing. An email saying "sounds good" is not a clearance. You want a signed license from each side before the song comes out.
What it costs and how long it takes
There is no set price. It depends on who owns it, how famous the song is, how much you used and how big your release is. A small indie catalog can be reasonable. A major hit can cost more than your whole budget, or come back as a flat no. Nobody is required to say yes.
Plan on weeks to months, not days. Start before you set a release date. If you do not want to do it yourself, a music attorney or a sample clearance company can handle it for a fee.
Myths that get people in trouble
- "Under a few seconds is fine." There is no safe number of seconds.
- "I changed the pitch, so it is mine now." It is still their recording.
- "I am not making money on it." Free does not mean cleared.
- "I credited them." A credit is not permission.
- "The producer sold me the beat, so it is cleared." A beat license covers the producer's work. It does not clear somebody else's record.
What happens if you skip it
The song can get pulled from streaming, your distributor can take it down, your royalties can get held, and the owners can come after you for money. It usually does not happen when ten people have heard the song. It happens when the song starts working, which is the worst time.
How this works with my beats
Any beat you buy from me may contain samples. Clearing them is the artist's job, and that is in every license. If you want to know about a beat before you buy it, ask me. If you have a song on the way and want to skip all of this, a custom beat can be built with no samples at all.
This is general information, not legal advice. For a real deal or a big release, talk to a music attorney.