Sample Clearance
The legal process of obtaining permission to use a portion of an existing recording or composition in a new work.
What it means
Sample clearance is the process of obtaining legal permission to incorporate a portion of a pre-existing sound recording or musical composition into a new work. When a producer uses a sample — whether it's a drum break, a vocal phrase, a melodic line, or even a short atmospheric texture — they need to clear two separate sets of rights: the master recording rights (from the label or recording owner) and the publishing rights (from the publisher or songwriter). Failing to clear samples before release can result in lawsuits, injunctions against distribution, and significant financial penalties. The terms of a sample clearance are negotiated on a case-by-case basis. The rights holders may demand an upfront fee, a percentage of royalties from the new work, a co-writing credit, or a combination of these. Some samples are denied clearance entirely, forcing producers to recreate the sound (a process called interpolation or replay) or remove the sample. For ambient and lo-fi music producers, sampling is a common creative technique — sampling nature sounds, field recordings, vintage synth textures, and obscure ambient recordings to create layered soundscapes. While sampling original field recordings you've created yourself requires no clearance, using samples from other artists' recordings or sample packs with restrictive licenses requires careful attention to the terms of use and potentially formal clearance.
Technical details
The legal framework for sample clearance is based on copyright law and has been shaped by landmark cases including Grand Upright Music v. Warner Bros. (1991), Bridgeport Music v. Dimension Films (2005), and VMG Salsoul v. Ciccone (2016). In the Sixth Circuit, the Bridgeport ruling established that any use of a sound recording sample, no matter how small, requires clearance (the "bright line" rule). However, the Ninth Circuit's VMG Salsoul ruling held that de minimis sampling of recordings may be permissible. Clearance typically involves identifying the rights holders (label and publisher), submitting a sample clearance request that describes the use, negotiating terms, and executing a sample license agreement. Terms vary widely: a well-known sample might cost $10,000-$100,000+ upfront plus 25-50% of publishing, while an obscure sample might clear for a few hundred dollars. Sample clearance can take weeks to months, and major labels are often slow to respond, which can delay releases.
Frequently asked questions
Related content
Want to monetize your catalog?
SPACE buys music catalogs in ambient, lo-fi, and meditation genres.
Apply Now