What happens if you use an uncleared sample?

Releasing a song with an uncleared sample is a bet. Most of the time the song stays small and nobody notices. The problem is that the bet only goes wrong when you're winning. For how clearance works in general, see the complete guide.

The ladder of consequences

Here's roughly how it escalates, from most likely to most serious.

1. Nothing (for now)

Small releases often fly under the radar. But "nobody's noticed" isn't the same as "it's fine". Copyright doesn't expire because nobody complained, and a song can be found years later.

2. Automated claims

Platforms run automated systems that match audio against rights holders' catalogs. On YouTube, a Content ID match can let the owner take your video's ad revenue, block it, or track it. SoundCloud scans uploads too, including private ones. More on that in clearing samples for YouTube and SoundCloud.

3. Takedowns and strikes

A rights holder can file a formal removal request. On YouTube, that's a copyright strike: three active strikes can get a channel terminated. SoundCloud removes tracks too, and repeat strikes can end an account. Your distributor can pull the song from every streaming service at once.

4. Frozen or redirected money

Streaming income can be held while a dispute is sorted out, or paid to the original owners instead of you.

5. Demands and lawsuits

This usually happens once a song is successful. In the US, copyright owners can claim statutory damages of $750 to $30,000 per work infringed, and up to $150,000 per work if the court finds the infringement was willful, and sometimes legal fees on top. Settlements often include a large share of the song going to the original owners, permanently.

Two cautionary tales

Biz Markie, 1991. His album used an uncleared sample of Gilbert O'Sullivan's "Alone Again (Naturally)". The judge opened the ruling with "Thou shalt not steal", and the case changed hip hop: after it, labels started taking clearance seriously.

The Verve, "Bitter Sweet Symphony", 1997. This one's worse, because they did get a license. They licensed a sample of an orchestral recording of a Rolling Stones song, but the Stones' side argued they'd used more than the license allowed. The band ended up giving up the songwriting credit and royalties, which stayed with the Stones' side for over twenty years, until Mick Jagger and Keith Richards handed their share back in 2019.

The lesson from the second one: clearing properly means clearing exactly what you use.

"But it's only a small part"

There's no reliably safe length. One US appeals court ruled that any copying of a recording needs a license, however short. Another later let a fraction-of-a-second horn hit slide as too small to matter. Courts disagree, and you don't want your song to settle it.

What to do if you've already released one

• Stop promoting it while you figure it out, especially if it's gaining traction.
• Try to clear it now. It's harder after release, but not impossible, particularly if the song is still small.
• Consider pulling it and releasing a version with the sample replaced or replayed.
• Talk to a music lawyer if you've received a claim or a letter.

Avoiding the whole thing

The simplest way to never deal with any of this is to build from samples that come cleared.

From the catalog

NEVRAH

Intentional, purposeful and beautiful soul.

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