How to Get Sample Clearance (For Music Artists)

Sampling involves taking an existing piece of copyrighted music and combining it with another to create a new work. In other words, sampling is using or incorporating someone else’s sound recording with your own.

Sample Clearance is the process of getting permission from the owners of the sampled song.

Without getting permission from the original artist or owner of the rights to the music, you can face serious legal trouble, such as injunctions to not use the sample or even money damages.

Obtaining permission for music sampling can be tedious, but will save you from legal action you could face if you sample without permission. It seems most music these days, especially electronic dance music, is sampled from other songs. So it’s really important to know how to get sample clearance.

Sample clearance is essential in avoiding two instances of copyright infringement, firstly against the original creator and secondly the content owner. The use of samples can be subtle or make up the hook of a track, so it is a way of acknowledging those responsible and paying them accordingly.

But what’s the problem with sampling?

Failure to get proper sample clearance could lead to serious consequences: lawsuits or the inability to distribute your music to the public.

In general, sample clearance is required only if you plan to:

• Make copies of your music, or
• Distribute the copies to the public.

Sample clearance is generally NOT required if...

Music copyright officially identifies who actually owns the song.

Copyright is not just a form you fill out, it exists prior to that.

Songs are automatically considered copyrighted as long as they are original and in a tangible form. Original means what you think it means and that it can’t be identical or substantially similar to other songs. Also, when a piece of song is put into a fixed form, (for example, if you export an audio file or if you post it on Soundcloud) copyright law protections technically kick in.

When you fill out the official forms and register your song – that’s when you get a presumption that you own the copyright to that work.

Fair Use is a defense to a claim of copyright infringement and it lays out situations in which you do not need to get the song owner’s permission to use his or her material. In other words, Fair use means you can use existing, copyright content like a sample clip in new ways that provides value beyond the original.

When it comes to music, courts look for 4 factors when considering Fair Use...

Failure to get permission when you sample music could lead to serious consequences.

So What’s the risk? Using a sample without clearance is always risky. As a practical matter, if your recording becomes popular at clubs or on the radio, or if a major label wants to pick it up, you'll have to deal with sample clearance.

Unauthorized sampling actually violates 2 potential legal rights:

First, the instant you sample a piece of someone else’s song (no matter how small), it constitutes a violation of the copyright in song itself.

Second, sampling violates the sound recording copyright which is usually owned by the record company or recording artist. Thus, sampling without prior permission subjects the illegal copier to a copyright infringement in federal court by the original author (or publisher) and by the record company.

So there’s a lot of myths concerning sampling and copyright infringement. We’ll cover all of these here.

There’s a myth that sampling only 4 notes or 4 bars is not copyright infringement because it’s protected as “fair use." Also, the myth that "less than two seconds is fair use." These are just some of the myths about copyright infringement we'll cover among many others.

So let’s give an overview of how to get a sample clearance before we go into detail for every step.

In order to legally use a sample, you need to get permission from two sources:

• One from the copyright owner of the song (which is typically the music publisher), and
• One from the copyright owner of the sound recording (which is typically the record company).

So in other words, you need to find and contact and ask permission from both the copyright owner of the underlying musical work and the copyright owner of the sound recording. Then you need to negotiate and come to terms with an agreement for using another artist’s sample in your work.

The first step of getting sample clearance is to find the copyright owners of the song. The music publisher is typically the easiest to find; so let’s start there.

So after you’ve obtained the sample clearance from the music publisher, you have to obtain a sample clearance from the owner of the sound recording.

Typically, the owner of the sound recording is a record company. So the record company must be asked for permission to use the original sound recording.

So how do you find the owner of the master recording or the record company?

Let’s talk about the costs associated with sample clearance.

The costs associated with sample clearances really depends on many factors. It really comes down to negotiations and how popular the artist is. And even in some situations, some artists won’t let you use their music regardless of the situation.

While there are no standard fees to get sample clearances, the Music Publisher usually wants...

The owner of the Master Recording will want... (find out inside)

Should you fail to clear a sample, or not even bother trying, you could still release your record and hope it goes unnoticed — although you’d be in breach of copyright. But what happens when an underground release becomes an unexpected hit? At this point the original copyright holder will crawl out of the woodwork and demand that you recall the record from the shops and pay damages, and if you’re very lucky you’ll be able to re–release the record, only with the offending sample removed.

Quite apart from the legal nightmare of injunctions, lost profit, and damages claims, the delay alone could cost you sales and your reputation would certainly be hurt.

When someone steals your song or uses a samples from your song, they have infringed your copyright meaning they’ve used it without your permission. Some of what you can get is peculiar to the copyright world. Here’s how it works...

As a professional songwriter, you may already be aware that anyone who wants to record a version of your song needs a mechanical license from the copyright owner, usually you or your publisher.

Similarly, if you chose to record your own version of someone else's previously recorded and distributed music, you would need to secure a mechanical license.

A mechanical license is actually a "compulsory" license granted to users under United States copyright law. Usually, music users obtain these licenses through a music publisher or agent.

There's an extra wrinkle if you use a sample for purposes of selling or endorsing a product, and the sampled artist is identifiable. Learn what inside...

Sample Packs and Sample CDs -- recordings that contain sounds and riffs specifically sold to be used in samplers -- can be a good alternative for bedroom producers and small labels.

Most sample packs and sample discs are "pre-cleared," which means that by buying the disc, you're automatically granted permission for music usage without the payment of any further fees.

However, the permitted use of pre-cleared samples may vary from one disc to another. Don't assume you can use the sample in whatever way you like.

So there we have it — we’ve covered what sample clearance is and how you can get permission when you sample a song.

Music is a creation that represents the artist and belongs to everyone’s ears, but when it comes to paying the bills, everyone is willing to go the extra mile to protect their work.

If you're sampling or remixing another artist's work, some of the sampled artist may feel entitled to compensation; some may not. My recommendation is to get permission before you invest a lot of time in your own work.

Let’s review some of the points we made in the course...

So you made an awesome music track using a sample from a song by another artist, and want to shop it to labels to release it for profit – what do you do next? Artists like Kanye West, Jay Z, and Vanilla Ice have all faced allegations of unlawful sampling.

As a small time or professional music artist, how do you approach sampling and when do you decide that it’s in your best interest to get sample clearance?

Sampling music is the act of reusing a portion of another song. Many music artists sample other's music but it’s illegal and a serious issue to ignore to get permission from the original owner of the songs. If you sample without asking permission, you could face serious legal trouble, lawsuits, and even money damages.

The process of getting permission from the owners of the sampled music is referred to as sample clearance. Sample clearance is a process that all music artists should do and it will save you from serious legal action you could face if you sample without permission.

If you’re a music artist or producer, odds are you either have or will be faced with the issue of using a sample in your music. The biggest problem is that most people wait too long before they start dealing with the legal aspects associated with clearing those samples.

If you plan to use samples in your music, you need to get permission to avoid serious legal trouble.

In this course, you will learn the step-by-step process of asking permission to sample a song and also learn about music copyright law and how to avoid other serious issues you could face as a music artist.

► WHY DO I NEED TO TAKE THIS COURSE?

To sample or not to sample? This is the question many times a producer, DJ, and songwriter must struggle with on a daily basis. Sampling is fun, and in the era of the today’s strictly digital production world, very easy to do.

Typically, most independent releases remain under the radar and never draw enough attention to face the serious legal ramifications of not clearing samples. However, not clearing samples is still a serious dangerous place to be.

Using someone else’s recording in your music without permission can lead to serious consequences including, lawsuits or the inability to distribute your music to the public.

You could have an unexpected hit from that release and find yourself in a very defenseless position. The owner of one uncleared sample could have that record pulled from your project or ask for an unreasonable amount of payment because they are aware that you’re in a vulnerable spot.

If you’re lost whether or not you can sample from an existing song and how much is permissible to use, and whether you need permission to use a sample in your new sound recording, this course will clarify all of this for you along with the the do's and don’ts of sampling.

The Golden Rule of Music Law: if you don't own or control it, you likely need a license to use it. If you produce or remix music for other artists, it’s usually your responsibility to clear any samples introduced during the recording process. The artist or their label will probably make you contractually responsible for doing so as a pre-condition to the final record.

In this course, you will learn how to go about sampling, how to avoid getting sued, and learn the step-by-step process of asking permission to sample a song.

★ COURSE BONUSES ★

• What to Do if You Can’t Get Sample Clearance?
  
• What You Can Get When Someone Samples Your Song?
  
• What You Need If Your Song is Part of an Advertisement or Endorsement?
  
• Can You Use Sample Packs as Samples?
  
• The In’s and Out’s of Music Copyright Law
  
• Actionable and Useful Resources & Other Tools to Help You Grow as a Music Artist

What makes this course unique is that it’s an over-comprehensive course of everything you need to get sample clearance on your own.

With over two-hours of HD video content, you will be able to learn the secrets that many successful music artists use to create samples in their music.

What are you waiting for? Every day you wait is costing you money!

Don’t forget that this course is covered by Udemy’s 30-DAY MONEY BACK GUARANTEE - so you don’t have anything to lose.