How to Clear Music Samples? [Cost-Effective Strategy]

Before setting foot in the world of music production, have you ever thought about what the worst outcome might be? Probably, it's not that you can not make your dream come true or make money, but the result that to pay an huge indemnity for copyright issues.

Well, don't worry for now. It’s not the time yet. The priority is to know where the risks lie. Sampling a piece of music is a trouble spot. Whether you’re a tyro or an experienced music maker,  you need to reuse a fragment in your creation sometimes. Accidentally, you may be involved in infringing on someone else's copyright. That’s why clear music samples is an important lesson during producing music, particularly within genres like hip-hop, electronic music, and pop.

Let’s break it down. This article covers how to get a sample cleared and tips to do it affordably.

What Is Sample Clearance?

Sampling means to reuse an existing work in another music project. When sampling, the artist should deal with the copyrighted material to make sure that he did not violate any laws. And the process he handles the copyrighted material is called sample clearance.

More specifically, to clear music samples means that the producer to get legal permission (e.g.licenses) for using the sample from the copyright holder, whether it's a portion of a song or sound recording.

How to Get Music Samples Cleared?

If you’re working on a music project and decide to use a sample in your work, you should not miss this part. Here, you will learn how to clear music samples step by step.

▶ Before Started:

If you know nothing about clearing music samples, you can start from the following aspects.

1) Determine your usage

• Purpose: for commercial use, personal, or public purpose. It decides what authorization you need to obtain. The licenses required for the purpose may vary.
• Release: physical release or just put it online. The way you publish will affect the license you need, the fees, who you should contact to clear, and the relevant policies of the platform you should follow.
• Duration: the time you plan to use the sample. This will impact your expenses.

2) Identify the source of the sample

• Composition or master recording: parties involved in the clearance process be different.
• Who to contact: the songwriter, record label/company, performers, publishers; or licensing agencies if you want to simplify the process of getting a sample cleared.

3) Rights and Licenses

• Composition rights: you to get Mechanical License, Synchronization License, Public Performance License.
• Master Recording Rights: you will need Master Use License

4) Clearance Fees:

• Upfront fees (flat fees)
• Royalty-based fees (Revenue share)
• Licensing fees
• Credit/Attribution
• Agency fees

5) Timeline:

• Initial identification and research - 1 to 2 weeks
• Contacting rights holders - 2 to 4 weeks
• Contract negotiation and license agreement - 2 to 6 weeks
• Finalizing payment and execution of agreement - 1 to 2 weeks

6) Other restrictions to consider:

• Geographical restrictions
• Media restrictions
• Genre or context restrictions
• Approval of remix or derivative works

Now, let’s check out the detailed steps to get a sample cleared.

Step 1.Research the copyright holder.

When you decide to use a sample in your mucis work, whatever you find the material, you need to figure out who owns it.

If the sample is taken from a song or album, the credits on the original release are often your first source.

• For CDs - These typically list the songwriters, performers, producers, record labels, and music publishers.
• Digital platforms - Many platforms like Spotify, Apple Music, or YouTube have credit information available.

You can also make good use of copyright databases.

• U.S. Copyright Office
• ASCAP, BMI, SESAC, or other PROs
• Licensing agencies

Another method is to check the metadata of the songs/recordings. Usually, the artist's info is embedded in the audio file. And you can use some online tools and services to check.

Some secondary sources like music communities or sample libraries can be helpful to find the original creator as well.

Step 2. Identify what permission or license you need.

When clearing music samples, you need to know what permissions or licenses are required. Here is a table that outlines types and details.

Type of Sample	License Needed	Required When	Who to Contact
Musical Composition	Synchronization License (Sync License)	If using the sample in an audiovisual work (e.g., film, TV, video, YouTube)	Music Publisher/Songwriter
Musical Composition	Mechanical License	If you plan to distribute physical copies or digital downloads of the song	Music Publisher/ Agency
Sound Recording (Master)	Master Use License	If using the actual sound recording (e.g., a piece of music, speech, or any recorded sound); and plan to use in a musical work, advertisement, or digital media.	Record Label/ Artist
/	Performance License	If the sample will be performed publicly (e.g., live performance, radio play, or broadcast).	Performance Rights Organizations (PROs)
Sample in Commercial Media	Commercial License	If the sample is used in advertising or commercial works (TV, radio ads, etc.), you may need special permission to use it in a commercial context.	Music Publisher/Label/Artist
Sample from Remixing/Derivative Work	Derivative Work License	You need permission from the rights holders of both the composition and the sound recording.	Music Publisher & Record Label

Step 3.Reach out to the holder.

First of all, get your requests prepared. For example,

• What type of project is it (e.g., a commercial song, music video, remix, etc.)?
• Will the track be commercially released, or is it for non-commercial or educational purposes?
• How will you distribute the track (e.g., streaming platforms, physical sales, broadcast)?
• Any specific requests you have, such as how the sample will be altered (if you plan to modify it).
• What permissions you need (e.g., mechanical license, sync license)?
• Will the sample be used worldwide or only in specific regions?
• Is the sample use for a one-time release, or do you want perpetual use?
• What kind of credit (songwriting or production credit) you will provide to the original artist/producer.
• Any specific wording or formatting is required for the credit in the song or music video?

Next, it’s time to contact the copyright holder. You can choose direct or indirect contact.

For Direct Contact: email, social media, direct message, etc.

For Indirect Contact: find the website of the publishers, labels, or PROs; or you pay for the music clearance agent if you have budgets.

Template Email: example to get music samples cleared

Subject: Request for Master Use License - [Song Title] by [Artist Name]

Dear [Label Name or Licensing Department],   My name is [Your Name], and I am a [musician/producer] working on a project that includes sampling a portion of [Song Title] by [Artist Name]. I am reaching out to inquire about obtaining a **Master Use License** for the sound recording of this song.   **Details of the Sample**: - Song: [Song Title] - Artist: [Artist Name] - Section of Song to Sample: [Provide duration or specific section—e.g., "10-second guitar riff starting at 0:45"] - Intended Use: [Describe how the sample will be used—e.g., in a new song, music video, remix, etc.] - Distribution: The project will be released on [mention platforms: Spotify, Apple Music, etc.], and possibly promoted via [mention if you’re planning to use it in a commercial, film, etc.].   I would appreciate any information regarding: - Licensing terms, including **fees** and **royalties**. - **Attribution** requirements (if any). - **Territory** and **duration** for the sample use.    Please let me know how we can proceed and if you require additional information to clear the sample.   Thank you for considering my request. I look forward to your response.   Best regards,   [Your Full Name]   [Your Contact Information]   [Links to your music or website]

Step 4.Negotiate the usage terms.

When you receive the reply, you can start negotiating. This is very important for detailing the usage scope of the sample which can impact both the financial and legal aspects.

Terms to negotiate:

• Type of License: clarify the license you are requesting
• Specific Usage: be used in a commercial recording, live performance, a remix, cover, or others
• Part to Use: a 5-second loop, a melody, a vocal phrase, etc
• Geographic scope: worldwide, North America, Europe, etc.
• Duration: license for one year or perpetual
• Media/Platforms to distribute: digital streaming platforms, physical formats, and others

Step 5.Negotiate the fees

To clear music samples, pay to the copyright holder is unskippable. The fee includes:

a. Upfront License Fee:

This is a one-time payment to the copyright holder for granting permission to use the sample.

Factors Affecting the Fee:

• Popularity of the original song and artist
• Length of the sample (longer samples typically cost more)
• Whether the sample is used prominently or just as a background element
• Intended use (e.g., commercial use, personal project, high-profile commercial, etc.)

b. Royalty Share / Percentage of Income:

Instead of an upfront payment, the copyright holder may ask for a percentage of the royalties generated from the new work. This could include mechanical royalties, performance royalties , or streaming royalties.

Fee Breakdown Example for a Typical Music Sample Clearance:

- Upfront Fee: $5,000 (for a relatively obscure sample in a small project) - Royalty Share: 10% of net royalties (for a prominent but not massive sample used in an album) - Advance Against Royalties: $3,000 advance - Performance Royalties: Shared with the copyright holder via PROs (BMI, ASCAP, etc.) - Sync License Fee (if used in a commercial): $20,000 (for a national TV ad campaign) - Mechanical Royalties: 10% of each album sale, or $0.10 per digital download - Media Fee (if applicable): Included in the upfront or mechanical royalties

Step 6.Step 6. Get an agreement.

After negotiating with the creator, you can now make a contract.

Use a written agreement and list out the negotiated terms. The clearer, the better. If possible, work with a music lawyer to help you navigate the process.

If everything is great, sign the agreement and keep one for record.

TipsStreamline clearing music samples and minimize costs:

1. Use samples from the public domain or royalty-free sample libraries.

2. Negotiate directly with the copyright holder. This can reduce the intermediary fee comparing to find an agency.

3. Offer a royalty split instead of upfront payment.

Why Need to Clear Music Samples?

To clear song sample is essential for building a sustainable music career legally, financially, professionally, and practically. 

1Legal Protection and Copyright Compliance

When you extract a sample from a copyrighted track, you are using someone else's intellectual property. Without proper clearance, you're at risk of infringing on those rights, which can result in lawsuits, fines, or forced removal of your music from platforms.

Sample clearances ensure that you're authorized and can use the sample in your work without potential legal disputes.

2Avoiding Loss of Earnings

Even if your earnings have already fallen into your pocket, there is still a chance to be taken away if you don't clear a sample. As the original creator takes legal action on  your work, it's hard for you to fight for your revenue.

3Image of Professionism and Integrity

Getting sample cleared shows respect for others' work. It will establish the credibility for your creation and make you a professional and responsible creator.

4Smooth Distribution

When you clear a sample, you ensure that your music is ready for full distribution across all channels. Even if launched on different platforms, it can minimize the risk of being taken down. This also has many benefits for fan growth.

What Happen If You Don’t Get a Sample Cleared?

Mainly the loss of property and personal reputation. And the consequences are caused by copyright infringement.

In the case of significant infringement, you could be ordered to pay for both actual damages (based on any harm caused to the copyright holder) and statutory damages (which can be substantial, ranging from $750 to $30,000 per work infringed, or even up to $150,000 if the infringement is willful).

You could face damage to your credibility as an artist or producer. Other musicians, producers, and industry professionals may be hesitant to collaborate with you in the future if they perceive you as someone who doesn’t respect intellectual property rights. Music industry gatekeepers, like A&R reps, music supervisors, or licensing agents, may avoid working with you if you don’t clear your samples properly.

Under What Circumstances Do You Not Need To Clear Samples?

In some cases, you don’t need to clear a sample.

1. Use of Public Domain Music

What It Means: If the music you want to sample is in the public domain, it is no longer under copyright protection, either because the copyright has expired or it was never copyrighted in the first place.

Why No Clearance Needed: Once a work enters the public domain, anyone can use it without asking for permission or paying royalties. For example, classical music (like Beethoven or Mozart) is generally in the public domain.

What to Check: Make sure the entire composition (melody, lyrics, etc.) is in the public domain. Some older recordings may still be under copyright even if the composition is not.

2. Fair Use Doctrine

What It Means: The fair use doctrine allows you to use a copyrighted work without permission under certain circumstances, typically for purposes such as commentary, criticism, parody, or education.

Why No Clearance Needed: If your use of the sample falls under fair use (e.g., using a small portion of a song to make a transformative work like a parody), you may not need clearance.

What to Check: Fair use is complex, and whether a sample qualifies depends on factors like:

• The purpose of the use (e.g., non-commercial, transformative work).
• The amount and substantiality of the portion used.
• The effect on the market for the original work.

However, fair use claims can be contested in court, and using fair use as a defense can be risky without legal advice.

3. Use of Royalty-Free or Pre-Cleared Samples

What It Means: If you’re using samples from royalty-free libraries or platforms where the sample provider has already obtained the necessary clearances (e.g., Splice, Tracklib, Loopmasters), the samples are typically already cleared for commercial use.

Why No Clearance Needed: The licensing agreement provided by the platform or sample pack ensures that the sample is pre-cleared for use in your projects, so you don’t need to handle clearance yourself.

What to Check: Always check the terms of the license to ensure the sample is cleared for commercial use and doesn’t have limitations on distribution or modifications.

4. Use of Samples Under Creative Commons License

What It Means: Some artists release their music under a Creative Commons (CC) license, which may allow you to use their work freely under specific conditions (e.g., non-commercial use, attribution required, etc.).

Why No Clearance Needed: If the sample is covered under a Creative Commons license that permits commercial use or modification, you don’t need additional clearance, provided you comply with the license terms.

What to Check: Always review the exact terms of the CC license (some are more restrictive than others, requiring attribution or prohibiting commercial use).