Sample Clearance

What sample clearance means

Sample clearance is getting written permission to use part of an existing recording in your own track. If you plan to release, sell, stream or sync a song with a sample in it, you need that permission first.

Most samples involve two separate copyrights. They often belong to different people.

The master (sound recording)

This is the actual audio you lifted. It is usually owned by a record label, or by the artist if they release independently. You need a license from the master owner to use the original audio.

The composition (publishing)

This is the underlying song: the melody, lyrics and musical parts. It is owned by the songwriters, usually through their music publishers or a publishing administrator. You need a license from every party that controls a share of the composition.

A sample that uses the original audio needs both. If you replay or re-sing the part yourself, you usually only need the composition owners. That is often called an interpolation.

Why "it's only two seconds" does not work

There is no length that is automatically safe. In the US, the Sixth Circuit ruled in Bridgeport Music v. Dimension Films (2005) that copying any part of a sound recording can infringe, and summed it up as "get a license or do not sample." The Ninth Circuit disagreed in VMG Salsoul v. Ciccone (2016) and allowed a defense for a tiny, unrecognizable use. So the answer depends on where a case is filed.

In the EU, the Court of Justice held in Pelham (C-476/17, 2019) that taking even a very short audio clip can need the phonogram producer's permission, unless it is changed so it is not recognizable. In Pelham II (C-590/23, April 14, 2026), the court said sampling can in principle fall under the "pastiche" exception, but only where the new work engages with the original in a recognizable creative way. It is not a general free pass.

The practical answer is the same everywhere: if you want to release it, clear it.

Who to ask

Identify the recording. Find the exact version you sampled, its release year and its label.
Find the master owner. Check the release credits and label copy. Catalogs get sold, so the current owner may not be the original label.
Find every publisher. Check song credits and collecting society databases, such as those of ASCAP, BMI, PRS or GEMA. A song with four writers can have four publishers.
Ask each one for a license with a clear description of your use.

How it works on Clearhly

Clearhly is a marketplace where verified rights-holder businesses, such as labels, publishers, admins, songwriters and artists, list music they control. You can request a license from them directly. Clearhly is currently in private beta.

Find the track and send a request. Describe your track, the part you want to use, how long it is, and how you plan to release it.
Negotiate terms. Agree on fee, royalty split, territory and term with the rights holder.
E-sign the license. You and the rights holder sign the agreement on the platform.
Pay through Stripe. Payment is held for 14 days before it is paid out to the rights holder.

A few things to know. Every rights holder on Clearhly goes through business verification and confirms, for each listing and share, that they own or control the rights they license. Your license is a contract directly between you and the rights holder. If a song has more than one owner, a license from each owner covers your use. The full legal terms are in the Terms of Service.

What affects the price

There is no standard rate for a sample. Owners set terms case by case. These are the factors that usually matter most:

How much you use. A one-shot drum hit is different from a looped hook that carries the whole track.
How recognizable it is. A famous vocal line costs more than an obscure texture.
Where it sits in your song. A sample in the chorus or used as the main riff is worth more than a background element.
Master, composition, or both. Using original audio means two negotiations. Replaying the part means one.
The deal shape. Owners may ask for a one-time fee, a share of your royalties, a share of the publishing in your new song, or a mix.
Your release plans. Territory, formats, term, and whether you want to use the track in ads or film later.
Your profile. Expected streams and the size of your release can change what owners ask for.

Expect owners to ask for a demo of your track before they quote. Have it ready.

This page is general information, not legal advice.

Frequently asked questions

How much does it cost to clear a sample?

There is no fixed price. Each owner sets its own terms, usually an upfront fee, a share of royalties, or both, based on how much you use, how recognizable it is, and how you plan to release the track.

Is it legal to use a sample if it is only a few seconds long?

There is no safe number of seconds. A US appeals court said "get a license or do not sample" for recordings, while another US circuit allows a defense for very small, unrecognizable uses, so the safe path is to clear it.

Do I need to clear a sample if I replay it myself?

If you re-record the part instead of using the original audio, you usually do not need the master owner, but you still need permission from the owners of the composition. This is often called an interpolation.

Does Clearhly confirm who owns the sample?

No. Clearhly verifies that a rights holder is a real business, but it does not confirm who owns a specific recording or song. Check the credits yourself and make sure the license states that the licensor controls the rights it grants.

What happens if I release a track with an uncleared sample?

The owners can have it taken down, claim its income, or sue for infringement. Distributors and platforms can also remove the release.

Is Clearhly a party to my sample license?

No. The license is between you and the rights holder. Clearhly provides the platform where you request, negotiate, e-sign and pay through Stripe, and it does not give legal advice.