Sampling has shaped the sound of modern music—think Kanye West, Daft Punk, or The Avalanches. But before you drop a track that includes a sample, it's critical to understand the legal framework that governs sampling and what’s at stake if you skip the proper steps.

If you’re an independent artist planning to use someone else’s recording in your song, this guide will walk you through the legalities, how to do it the right way, and safer alternatives to avoid copyright headaches.

What Is a Sample?

A sample is any snippet of audio taken from an existing sound recording and repurposed in a new composition. It could be:

A vocal phrase from an old soul record
A drum break from a funk classic
A looped guitar riff
A single kick drum or hi-hat hit
Even a movie quote or atmospheric background noise

In other words, if it’s not yours and it’s been recorded before, it’s a sample.

And yes—even short or heavily altered samples still require clearance if they're recognizable or derived from a copyrighted work.

The Two Clearances You Legally Need

If you plan to commercially release a song that uses a sample, you must obtain two types of licenses:

Master Use License
This grants permission to use the actual recorded audio. Typically owned by a record label or whoever financed the original recording.
Mechanical or Composition License (Publishing Rights)
This grants permission to use the songwriting and melody. This is held by the songwriter and/or their publisher.

You need both to be in the clear. Skipping either is a potential copyright infringement.

How to Clear a Sample

Here’s how the legal clearance process usually works:

1. Identify the Rights Holders

Start by figuring out:

Who owns the recording? (label, artist, estate, etc.)
Who owns the publishing? (ASCAP, BMI, SESAC databases can help)

If it’s a major-label release, you’ll likely need to go through both a label and a publisher.

2. Contact for Licensing

Reach out to request permission. This often includes:

The length and usage of the sample
Where and how it will be distributed
Your intended release platforms (Spotify, YouTube, etc.)

For faster, artist-friendly options, consider:

Tracklib – pre-cleared samples for licensing
Cleared Samples – bespoke sample clearance services
Easy Song Licensing – useful for composition clearance

3. Negotiate a Deal

Common terms include:

Flat fee – You pay once to use the sample
Royalty split – You agree to give up a portion of songwriting/publishing
Both – Flat fee + royalty percentage

Make sure everything is in writing and signed. Without a legal agreement, the permission isn’t valid.

What Happens If You Don’t Clear a Sample?

Here’s what you risk if you release an uncleared sample:

Takedown notices (your song pulled from Spotify, Apple Music, YouTube, etc.)
Loss of royalties
Legal action or lawsuits
Potential damage to your reputation or brand

Even if the sample is short, altered, or obscure, it’s still risky. Courts have ruled that even tiny, recognizable portions can constitute infringement (see Bridgeport Music, Inc. v. Dimension Films).

Safer Alternatives to Sampling

If you want the vibe of sampling without the legal stress, try these options:

1. Royalty-Free Sample Libraries

Splice
Cymatics
Loopmasters
LANDR Samples

Most come with licenses for commercial use, but always read the fine print. Some restrict usage in sync placements or major-label releases.

2. Hire a Musician or Create Your Own

Want a vintage-sounding piano loop? Hire someone to play it, or make it yourself. Custom content keeps your track truly original and eliminates clearance headaches.

3. Use Public Domain or Creative Commons

Some older recordings (typically pre-1923 in the U.S.) are public domain. You can also find Creative Commons-licensed music on platforms like:

Just be sure the license allows commercial use.

Quick Myths About Sampling (Debunked)

Myth: If it’s under 10 seconds, it’s fine.
Truth: There’s no legal time limit. Any amount can be infringing.

Myth: If I credit the original artist, I don’t need permission.
Truth: Credit ≠ clearance. You still need licenses.

Myth: If I use a sample I found on YouTube, it’s fair game.
Truth: YouTube doesn’t grant usage rights. You must clear it separately.

Sampling can add richness, texture, and nostalgia to your music—but it comes with real legal responsibilities. The safest and most professional route is to get proper clearance before releasing or choose royalty-free, original, or public domain content.

Sampling without clearance is like building a house on land you don’t own—it might stand for a while, but eventually someone’s going to notice.

Sample Clearance Checklist:

☐ Write down the name of the song you're sampling
☐ Note the original artist, album, and year of release
☐ Identify the section you want to use (timestamp or musical phrase)
☐ Confirm whether the sample is from a sound recording, a composition, or both

☐ Look up the master recording owner (typically a label or distributor)
☐ Look up the publishing owner (use PRO databases like ASCAP, BMI, SESAC)
☐ Search for contact info via label websites, publishers, or directories like Songview

☐ Reach out to both rights holders with a sample clearance request
☐ Include your song details, intended use, release plans, and distribution platforms
☐ Be specific: how long is the sample? Is it looped, modified, or layered?

☐ Negotiate terms (flat fee, royalty share, or both)
☐ Clarify usage rights: digital release, physical copies, sync licensing, etc.
☐ Obtain a written agreement or official license from both parties
☐ Confirm whether you need to give credit (and how it should be worded)

☐ Keep all license documentation on file
☐ Note license restrictions in your metadata if required by your distributor
☐ Confirm you’re allowed to monetize the track (Spotify, YouTube, etc.)
☐ Register the song properly with PROs, indicating sample usage if applicable

Using Samples in Your Music: What You Need to Know About the Legalities Before Releasing