How to Clear a Sample, Step by Step

To clear a sample, you get written permission from two sets of owners: whoever owns the sound recording you copied (usually a label) and whoever owns the song underneath it (usually one or more publishers). You find them through credits and rights databases, send each a specific request, agree on a fee or share, and sign a license before you release. If you skip either side, the track is not cleared.

Why a sample needs two licenses

Every recorded song contains two separate copyrights. The U.S. Copyright Office describes the musical composition (melody, harmony, rhythm and lyrics) and the sound recording (the fixed performance) as two separate works, often owned by different people (Circular 56A).

When you lift audio from an existing record, you copy both at once:

• The master (sound recording). Usually owned by a record label, or by the artist if they released it themselves. You need a master use license.
• The composition (musical work). Owned by the songwriters, usually through their publishers. You need a composition license, often called a sample license or publishing clearance.

One owner cannot grant the other's right. A label can say yes to the master while a publisher says no to the song, and then you still cannot use it.

Step 1: Identify exactly what you used

Write down the details before you contact anyone. Owners decide based on specifics.

• Original song title, artist, and release (album, year, label).
• The exact portion: timestamp, length, and whether it is a vocal, a drum break, a melody or a hook.
• How you used it: looped, chopped, pitched, filtered, or played once.
• How prominent it is in your track, and whether it appears in the title or chorus.

Keep a short audio file of the original section and of your new track. Most owners will ask for both.

Step 2: Find who owns the master

Start with the release itself.

• Credits and liner notes. Physical releases list the label and the ℗ (phonogram) line, which names the recording owner at the time of release.
• Discogs and similar credit databases. Useful for finding the original label, reissues and licensees in other countries.
• ISRC lookup. The ISRC is the code that identifies a specific recording. IFPI runs a public ISRC search that can point you to the registrant.

Catalogs get sold. The label on an old vinyl pressing may no longer own the master. Confirm the current owner directly before you negotiate.

Step 3: Find who owns the composition

Publishing is often split between several writers and publishers, and you need all of them.

• PRO repertoire databases. In the US, ASCAP and BMI publish ownership and administration shares through Songview, a joint database covering tens of millions of works (Epstein Becker Green). In the UK, check PRS for Music. In Germany, use the GEMA repertoire search.
• The MLC Public Work Search. The Mechanical Licensing Collective lets you search by title to see publisher information for works registered there (The MLC).
• ISWC lookup. The ISWC identifies a musical work, not a recording (ISWC Agency). Matching an ISWC helps you confirm you have the right song when titles are common.

Note the split percentages. If three publishers each control part of the song, you typically need agreement from each.

Step 4: Send a clear request

Short, complete requests get faster answers. Include:

1. Your name, role, and company or label.
2. Your track title and the artist releasing it.
3. The original track, with the exact section and length used.
4. A short description of how the sample is used.
5. Audio files or private links to the original section and your track.
6. Planned release format: streaming, download, vinyl, sync, or all.
7. Territory and expected release date.
8. Any distribution or label partner attached.
9. What you are proposing, if you have a budget in mind.

Send separate requests to the master owner and to each publisher. Ask each for a written quote and their standard terms.

Step 5: Understand common deal structures

There is no standard price for a sample. Fees depend on the fame of the original, how much you used, how central it is to your track, and how big your release is. Typical structures include:

• Flat fee (buyout). A one-time payment for the agreed use. Common on the master side.
• Royalty share. The master owner takes a percentage of the royalties your recording earns, sometimes with an advance.
• Publishing split. The original writers or publishers receive an ownership share of your new composition. This is very common on the composition side.
• Combinations. An upfront fee plus a royalty, or a fee plus a publishing share.

Read the scope carefully. Licenses define territory, term, media and formats. A license for streaming may not cover sync in a film or ad. In the US, the compulsory mechanical license under Section 115 does not cover sampling, because it only allows covers that do not change the basic melody or fundamental character of the work (17 U.S.C. § 115). Sample licenses are negotiated.

Step 6: Get it signed before release

A friendly email is not a license. Make sure you have a signed agreement from each owner that names the sampled track, your track, the permitted uses, the payment terms and the credit wording. Keep copies with your release files. Your distributor or label may ask for proof.

Timing: start early

Clearance can take weeks or months. Common delays include multiple publishers, catalogs that changed hands, estates, and owners who receive many requests. Build clearance into your schedule before you announce a date. Have a backup plan, such as replacing the sample or re-recording the part.

Interpolation vs. sample

An interpolation means you re-record or replay part of a song yourself instead of copying the original audio.

• Sample: copies the original recording. Needs master and composition licenses.
• Interpolation: new recording of the same musical material. Needs only the composition license, because you did not copy the master.

Interpolation can simplify a deal when the master owner is unreachable or expensive. It does not remove the need for publisher approval.

What happens if you release an uncleared sample

The consequences can be serious and they can arrive long after release.

• Takedowns. Rights holders can send takedown notices to streaming services and distributors, and your track can be removed.
• Content ID claims. On YouTube, an owner can block the video, monetize it (taking ad revenue), or track it, and the policy can differ by country (YouTube Help).
• Lawsuits. Owners can sue for infringement. Damages, legal fees and a share of earnings are all possible outcomes.
• Weaker bargaining position. Once the track is out and earning, the owner knows you need the deal.

Is a short sample ever allowed without permission?

The answer depends on where you are, and it is risky to rely on it.

United States. Courts are split. In Bridgeport Music v. Dimension Films (6th Cir. 2005), the court said "Get a license or do not sample," rejecting a minimal-use defense for sound recordings (Pay for Play). In VMG Salsoul v. Ciccone (9th Cir. 2016), the court found a 0.23-second horn hit was too small to infringe because an average listener would not recognize it (Venable). Fair use is decided case by case.

EU and Germany. In Pelham v. Hütter (C-476/17, 2019), the Court of Justice of the EU held that a record producer can stop even a very short sample, unless it is included in modified form that is unrecognizable to the ear (FRA summary). Germany added a pastiche exception in § 51a UrhG. In April 2026 the Court of Justice ruled in Pelham II (C-590/23) that pastiche requires a recognizable artistic dialogue with the original and is not a general license to reuse recordings (European Commission IP Helpdesk). On September 3, 2026, Germany's Federal Court of Justice (BGH, I ZR 74/22) applied that test and held that the sample in the original dispute was a permitted pastiche from June 7, 2021 onward, based on the facts of that case.

United Kingdom. Copying a "substantial part" of a work infringes (CDPA 1988, s. 16). Substantial is judged by quality, not only length, so a short but recognizable hook can qualify.

The safe working rule in every market: if you can hear it, clear it.

Key terms

• Master: the specific sound recording.
• Composition: the underlying song, melody and lyrics.
• Master use license: permission to use a sound recording.
• Interpolation: replaying or re-recording part of a song instead of copying the audio.
• ISRC / ISWC: codes that identify a recording and a musical work.

Requesting a license through a marketplace

Clearhly is a marketplace where verified rights-holder businesses list music they control. Licensees send a license request, negotiate terms, e-sign the license and pay through Stripe on the platform. The rights holder confirms, for every listing and share, that they own or control the rights they grant, and your license is a contract directly between you and the rights holder. The full legal terms are in the Terms of Service. The platform is currently in private beta.