Part 1: Requesting permission from the owner(s) of the composition
Obtaining permission from the composer(s) and songwriter(s) is a crucial step in the sample clearance process. This typically involves seeking permission from the songwriter, producer, or composer of the work. In many cases, these rights holders are represented by a publisher, although this may not always be the case.
To obtain permission for sample clearance, the initial step is to identify the appropriate parties to contact and then submit a written request to all involved parties. This request should clearly outline the musical works you intend to sample in your new production, providing essential information about each work, including the title, artist, description, duration of the sample, and how you plan to use them in the new production. It is also common to include a demo of your new production for review in your sampling request.
When requesting permission to use a composition, the copyright holder(s) will review your request and decide whether or not to grant you permission. They will also determine the commercial terms under which you can use their composition. It is important to understand that in many cases, the copyright holders of the composition are not the same as the owners of the master recording and performers' rights (see part 2 below for further context). These rights may be owned by a record label or another entity associated with the original recording you wish to sample. Therefore, it is necessary to obtain permission from both the copyright owners of the composition and the copyright owners of the master recording in order to legally use the sampled music.
Part 2: Obtaining permission from the master sound recording owner(s)
The other aspect of sample clearance involves seeking permission from the copyright owners of the sound recording, commonly known as the master. This can be the record label or, in the case of an independent release, the artist who recorded and released the song. To obtain permission, you need to identify the copyright owners and establish communication channels to initiate the sample clearance process. Similar to clearing the composition, you will need to provide the same information regarding the use of the audio. It's important to note that even when dealing with a record company, the artists/performers may also need to approve the sample use. Similarly, publishers may require approval from their writers.
When seeking clearance for the master recording, it is common to encounter a fee along with a royalty requirement. The specific amount can vary depending on factors such as the song, the artist, and the proposed use of the sample. It is crucial to note that releasing your demo without obtaining permission is not permissible. This also means that you cannot play the demo live in a DJ set, live stream, radio show, or share it on social media platforms. It is important to exercise caution when sharing your demo with others, as any unauthorized use by them would still be considered your responsibility.
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.