Sampling refers to using pre-existing recordings, music, or songs/compositions or other musical works for a different purpose, such as part of a new song, or as the background music to a YouTube video, crowdfunding campaign, film project, athletic routine, presentation, or similar use.  Unless you obtain the rights to use the sample (called “clearing” the sample or obtaining “sample clearance”), you can run into trouble with allegations of infringement and of course, stiff legal fees if you are sued by the copyright owners. 

You will need to get sample clearance if you plan to make copies of the music that incorporates the sample or are distributing the music that incorporates the sample to the public.

You will generally NOT need to get sample clearance if:

• You are only using the sampled music at home and do not intend to use it commercially or distribute it to the public
• You are using the sample at live shows that are not being recorded by audio or video, which is rare, since there is usually someone in the audience recording the events by phone or other device
• Your use of the sample falls into “fair use,” meaning, it is an informative, educational, news-reporting, or other type of fair use

Process for Sampling Music Legally

Sampling music takes a couple of steps.

• You will need clearance for reproducing the song itself (the musical composition, lyrics, etc.). The song is generally owed by the publisher and songwriter.  This is generally done through a service like Harry Fox.
• You will also need clearance for reproducing the recording of the song (the master recording).  These are owned by the label that produced the album/LP/EP/Single.

Who to Contact to Seek Sample Permission

The appropriate company/group/agency to contact to seeking sample permission is going to be based on what you are going to be doing with the sample. What will you be sampling? Just the song, or the master recording of the song?

• Master Track or Composition. The names and information for the label/publisher will be listed on the performing rights organizations, such as ASCAP, BMI, and SESAC
• Distributions & Cover Songs. If you are only distributing someone else’s music (and not sampling it) or covering the song, then you will need to contact Harry Fox Agency for a mechanical license
• Synchronizing to Video. If you are attempting to synchronize music to a video then you will need to obtain a synchronization license using eSynch.
• Displaying or Reprinting Lyrics. You will need to contact Harry Fox Agency to clear the license.
• Background Music, Ringtones, or Digital Jukeboxes. You will need to contact Harry Fox Agency to clear the license.
• Print sheet music or Karaoke. You will need to contact the music publisher.

Details You May Be Asked to Provide

In seeking sample clearance, the publisher, label, etc. will probably ask you a number of questions, which would be helpful to have the answers to:

• How and How Much? How much of the sample will you be using? You should note this in terms of minutes/seconds and number of measures/bars of music. You should also be prepared to provide a copy of your recording that incorporates the sample, if asked.
• Where and When. You should also be prepared to provide information about where the track can be accessed, how long it is, and when the tentative release date is.

Are They Required to Respond to Sample Requests? No.  Getting these clearances is mandatory, and the record label and publisher/songwriter do not have any obligation to grant you the license to sample.  They do not even have an obligation to respond to you.

What Happens if you Sample Without Permission?  You will likely receive a cease/desist demand asserting copyright infringement, and you will have the option to either agree to the terms they are asking for, and likely discontinuing all uses of the sample.