Clearing samples refers to the process of obtaining permission to use a sample of the original sound recording. This permission is typically obtained from either A) the copyright owners of the master recording, such as the record label, producer, or artist, or B) the copyright owners of the composition on the sound recording, such as a publishing company or the writers/composers themselves.
Once permission to use a sample is obtained, the conditions of sample clearance are then negotiated. This process typically involves obtaining licenses, which may require payment of fees, a percentage of royalties, and a share of the new composition. These terms are determined through negotiation between the parties involved in the sample clearance process.
Remember…
It is important to understand that using uncleared samples in your work can lead to legal disputes, regardless of whether you expect any issues or release the music for free. Copyright infringement is illegal and can result in significant damages, especially for artists. In some countries, copyright infringement is also considered a criminal offense. Therefore, it is strongly advised not to use uncleared samples in your work to avoid potential legal consequences. This applies to both mainstream and independent artists.