This is the practical version. If you want the bigger picture first (what clearance is, why there are two rights, what happens if you skip it), read the complete guide to sample clearance.
Before you start: is this sample essential?
Clearance takes time and money, and the answer can be no. So ask two questions first:
- Would the song survive without it? If you could swap it for something else, you'll save yourself a lot.
- Could you replay it instead? Recreating the part yourself is an interpolation, which only needs the publisher's permission, not the label's. More on that in sampling vs interpolation.
If the sample is the song, keep going.
Step 1: Document exactly what you used
Write down the original song title, artist, album, year, and the exact timestamp you sampled. Note how long the sample is, whether you used vocals, and how it appears in your track (looped all the way through, chopped, pitched, used once).
Rights holders will ask for all of this, and being precise makes you look like someone worth dealing with.
Step 2: Find who owns the recording
Start with the label printed on the original release. Discogs is useful for finding the exact pressing, label and catalog number.
But old catalogs get bought and sold constantly, so the label on the sleeve often isn't the company that owns the recording today. Search for the label name plus "catalog" to see who acquired it, and check the current streaming release, which usually shows the present owner in the credits.
Step 3: Find who owns the song
The publishing side is easier to trace. Performing rights organizations publish searchable databases of songs, writers and publishers:
Songs often have several writers, each with their own publisher. You need all of them to agree.
Step 4: Send a clear request to both sides
Keep it short. Rights holders read a lot of these, and vague requests get ignored. Something like this works:
Hi, I'm a producer requesting a sample license for [original song] by [artist], owned or administered by you. I've used [length] of [the intro / the vocal hook / a chopped section] from [timestamp] in a new track, [your track], by [artist], planned for independent release on streaming platforms in [month]. I've attached the new track and the original timestamp. Could you let me know your terms for a master use license (or publishing license)? Happy to share any other details.
Attach an MP3 of your track, or a private link. Send one version to the recording owner and one to the publisher.
Step 5: Negotiate
Expect an upfront fee and a share of your song, from each side. Before you agree, check:
- The split. It's permanent, so it usually matters more than the fee. See what clearing a sample costs.
- What's covered. Streaming only, or also sync, video and physical?
- Where and for how long. Worldwide, and for the life of the copyright, is what you want.
- Credits. How the original writers should be listed.
Step 6: Get it in writing
You want signed license agreements from both sides before release. A friendly email saying "sounds fine" is not a license. Once signed:
- Update your split sheet so the new writers and their shares are listed.
- Register the song with your performing rights organization and publisher with the correct splits.
- Keep copies of everything. Your distributor may ask.
If you don't hear back
This happens a lot. Silence isn't permission, and it doesn't protect you if you release anyway. Your options are to keep chasing, replay the part as an interpolation, replace the sample, or shelve the song.
The shortcut
If you'd rather skip all six steps, start from samples that come cleared. Soul Sample Club is a catalog of original soul compositions, pre-cleared for commercial releases, so there are no forms to fill in and no splits to give away.
Questions producers ask
How long does it take to clear a sample?
Usually weeks, often months. Big labels and publishers receive far more requests than they can answer quickly, and a small release can sit at the bottom of the pile.
Do I need a lawyer to clear a sample?
Not legally, but many producers use a music lawyer or clearance company because they know who to contact and what fair terms look like. For anything with real commercial potential, it's worth it.
What if the label and publisher give different answers?
You need both. A yes from the label and a no from the publisher means you can't release the sample. Replaying the part won't help either, because an interpolation still needs the publisher's permission.
Are Soul Sample Club samples cleared?
Yes. Everything in Soul Sample Club is an original composition, pre-cleared for commercial use, including major label releases and sync. Anything you download while you're a member is licensed to you for life, and you'll never owe royalties on it.
Skip the paperwork
Original soul, cleared before you press play.
Every sound in Soul Sample Club is an original composition, pre-cleared for commercial releases. Download it, flip it, release it. Nothing to negotiate.
Chris, Founder of Soul Sample Club
Producer and the person behind Looplair and Soul Sample Club. I started SSC so producers could sample soul without the clearance headache.
Sources
- Symphonic: How to clear a sample
- Nolo: How to obtain sample clearance
- ASCAP repertory search
- BMI repertoire search
- The MLC (US mechanical rights) public search
This guide is general information, not legal advice. For a specific release, talk to a music lawyer.
Keep reading
Sample clearance: the complete guide for producers
What sample clearance actually is, who you need permission from, and what happens if you skip it. Written by a producer, for producers.
How much does it cost to clear a sample?
What clearing a sample really costs: upfront fees, publishing splits, royalties and the hidden costs, with typical ranges for independent releases.
Sampling vs interpolation: what's the difference?
Sampling uses the original recording; interpolation replays it. What each one needs cleared, why big releases replay samples, and when it's worth doing.