Clearing Samples
The use of a previously recorded and copyrighted material in a new production is considered infringement by the Office of Copyrights
Sampling music is the act of reusing a portion of another sound recording. Whether unique percussion combinations or distinguishable guitar riffs, many musicians sample other's music. Without obtaining permission from the original musician or owner of the rights to the music, many of these musicians face 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. Here are some tips to obtain permission before sampling music.
You NEED Permission from the publisher (PA) and record label (SR). It is required; they can share in mechanicals, licensing and performance royalties...depending IF they want to.
In order to get these sample clearances, you will first need to find the copyright owners of the song and master recording. The music publisher is typically the easiest to find; so, start there. Performing rights organizations, like Broadcast Music Incorporated (BMI) or the American Society of Composers, Authors, and Publishers (ASCAP), collect money for public performances of artists' music. Therefore, these organizations are a good place to locate the publisher.
You can find which organization controls the rights for the music you are sampling by visiting these performing rights societies online:
Once you're on these websites, use the search database to find the source song of the music you are sampling. If you are unable to find the song on the websites, try calling the individual organizations and ask for the song indexing department. Then, once you have the source, contact that source to ask for clearance for sampling the source music. Keep in mind that some publishers have policies against granting sampling permission.
A lot of publishers refuse to grant sampling clearance to artists that they've never heard of or do not know. If you can offer to pay them upfront and show your ability to pay, they may be more inclined to speak to you.
You are in danger of loosing control of your song
It is important to plan ahead and leave yourself alternatives in case your sample clearance is rejected. Obtaining permission for sampling can be a very long process, taking months or more. Don't forget that a lot of copyright owners have a no-sampling policy. If the music you were planning on sampling has a no-sampling policy, there will be no way to get permission to sample. It is wise to plan ahead and have alternatives in mind, in case your clearance is denied and you can't use it.
Ways Around It
Recreate the Music Sample-
Many artists re-record the music they want to use, instead of using the pre-recorded master. This means that the artist actually plays and records the music to sound exactly like the original one they want to sample. According to copyright law, infringement only occurs when the original master recording is used, but not when the sound is mimicked and re-recorded. This is a great solution if you cannot obtain sample clearance from the owner of the master recording. You still need permission from the music publisher, because the song itself is copyrighted. However, you do not need clearance from the owner of the master recording.
Seek Copyright Owners who are Happy to Clear Samples-
Some copyright owners want their music to be sampled; so, they encourage music sampling. These are good samples to find and use, since the process will be less tedious and surely fruitful.
Contact the Artist Directly-
If the artist still has some control over what sampling is cleared, you may have better luck contacting the artist directly. This is especially true when the copyright owners of the master recording and the publisher are not helpful.
Replay-
eliminates the need for SR owner but not publisher and writer
For More Information click the links below
When do I have to clear a sample??
What needs to be cleared?- Any sample or snippet that has been previous used or a non royalty free clip. This means any audio from TV shows, movies or podcast as well as chops from songs that have been previously released.
At what point in the process do I ask for permission?- It is good practice to ask for permission to use any sample before recording or incorporating it in the song making process. It will save you time in the scenario you don't get permission to use it or if the process takes awhile. If you already recorded and mixed your song then right before you release it or put it on distribution sights is when you need to clear the use for it and ask permission for the use. You want to clear it before you release it out to the world. If you do not, you risk your song getting flagged, taken down or even getting your account suspended from platforms.
What If it doesn't get cleared?- You have 2 options in the scenario your sample doesn't get cleared.
Option 1- Replace the sample with one you can get cleared
Option 2- Recreate the sample from scratch and change the feel. If you decide to go with this option be careful. When re-creating a sample from scratch you have to change enough of it so you can't tell where the original sample comes from.