How to Clear a Sample: A Practical Guide for Producers

What you are actually clearing

When you sample a record, you are using two separate copyrights: the composition (the melody and lyrics, owned by the publisher) and the master recording (the specific recorded performance, owned by the label or artist). Clearing a sample means getting a licence from both rights holders. They are independent — a label can grant you a master licence and the publisher can refuse, or vice versa. Both must agree for the sample to be cleared.

When clearance is and is not legally required

Copyright law in the UK and US requires clearance for any recognisable use of copyrighted material, regardless of length. The "under four bars" or "under two seconds" rules often cited online are myths with no legal basis — there is no minimum threshold for infringement. Courts have found infringement on single notes and single words. Whether you need to clear a sample is not really a question about legality; it is a question about risk tolerance and commercial intent.

• —Releases on major streaming platforms without clearance: technically infringing, but enforcement depends on whether rights holders run content ID or actively monitor.
• —Licensing to TV, film, or advertising: clearance is mandatory — licensors require cleared masters and composition rights before use.
• —Pitching to major labels: label A&R will ask about samples before signing. Uncleared samples are a barrier to signing.
• —Distributing through digital distributors: most distributors (DistroKid, TuneCore, CD Baby) prohibit uncleared samples in their terms of service.
• —SoundCloud and YouTube: content ID systems owned by major labels may flag and monetise or block tracks containing uncleared samples.

The clearance process in practice

Step one is identifying who owns the rights. For the master recording, this is usually the original label, though many catalog rights have been sold or transferred. For the composition, ASCAP, BMI, PRS, and SESAC all have online databases that identify publishers. Once you have identified the rights holders, you contact their licensing departments — most majors have sample clearance desks, while independent labels often handle this through management.

The response will typically ask for: a recording of how you've used the sample, the territories you plan to release in, the anticipated sales volume or streams, and the retail price. Based on this, they quote a fee and a royalty percentage. Major label samples can cost anywhere from £500 to £50,000 upfront plus ongoing royalties. Independent label samples are often negotiable and sometimes available on revenue share terms with no upfront cost.

Alternatives to clearing samples

• —Replay the sample — re-record the musical element with live musicians. You still need a mechanical licence for the composition, but there is no master copyright issue.
• —Use royalty-free or creative commons recordings — Freesound, ccMixter, and the Internet Archive host recordings under licences that permit sampling.
• —Use sample packs with commercial clearance included — most commercial packs from reputable companies clear the master rights, though you still own the new composition.
• —Use older recordings in the public domain — in the UK and EU, sound recordings enter the public domain 70 years after release. US rules are more complex but most pre-1926 recordings are now public domain.

Finding samples you can actually use

CrateDrop is a discovery tool, not a licensing platform — the records it surfaces are copyrighted and require clearance for commercial use. But it is useful for finding the style and feel of what you want: once you know the genre, era, and instrumentation you are working with, you can find that same quality in public domain recordings or royalty-free material. The creative work and the legal work do not have to happen at the same time.