THE ART OF CLEARING SAMPLES: A MUST KNOW

The Art of Clearing Samples

Deciding If It's Worth It & How to Do It

Sampling is an integral part of hip hop, allowing artists to create innovative tracks by incorporating elements from existing music. However, the process of clearing a sample can be complex and daunting, involving legal considerations and negotiations with copyright holders. In this article, we will explore the art of clearing a sample, discussing its importance, the parties involved, and the steps to take in order to ensure a successful clearance.

Understanding the Cost-Benefit Analysis

Before delving into the intricacies of clearing a sample, it's essential to consider whether it's worth pursuing in the first place. Clearing a sample involves upfront fees and potential publishing or royalty sharing, which may impact the financial aspects of your project. As a producer using a sample on an instrumental, it can also affect your payout and publishing split. Therefore, it's crucial to weigh the costs against the benefits and determine if the sample's value justifies the expenses.

Copyrights: Sound Recording vs. Composition

To comprehend the process of clearing a sample, it's vital to understand the distinction between two types of copyrights: sound recording (master) and composition.

The sound recording copyright pertains to the recorded version of a song, while the composition copyright covers the underlying melody, beat, and lyrics. 

Each song has separate copyrights for both aspects. Recognizing who owns the rights to each part is essential in the clearance process.

Ownership of Sound Recordings

Without a specific agreement, the copyright of a sound recording is jointly owned by the songwriter, producer, artist, and other contributors. In the context of major label artists, the ownership of the sound recording is typically granted to the label.

Ownership of Composition

Determining the ownership of a song's composition can be more complex. Multiple individuals may own and control the rights to the composition, including producers and songwriters. Each party may have a different entity administering their copyright in the song.

Importance of Understanding Ownership

Understanding who owns and controls the rights to the sound recording and composition is crucial because these are the parties you need to contact for sample clearance. Clearing a sample requires obtaining 100% authorization from both the owners of the sound recording and the composition.

Clearing the Sample: Step by Step

When it comes to clearing a sample, the following steps can help you navigate the process successfully:

Identify the Owner of the Sound Recording: Find out which label released the sampled song. This information can often be obtained through a quick search or by consulting industry databases.

Contact the Label: Reach out to the clearance department of the label that owns the sound recording. Negotiate the terms of a master recording license, ensuring both parties agree on the usage and potential fees.

Identify the Owners/Controllers of the Composition: Determine the songwriters and producers involved in creating the sampled composition. Perform a search using the two major Performing Rights Organizations (PROs) in the United States, BMI and ASCAP, to obtain information on the composition's copyright holders.

Contact the Publishers: Reach out to the publishers representing the songwriters and producers to negotiate the terms of a composition license. This includes discussing the clearance fee and, in some cases, sharing a percentage of the publishing for the new work.

Costs Associated with Sample Clearance

Throughout the process of clearing a sample, it's important to consider the associated costs. Hiring an attorney experienced in music copyright law can be beneficial. However, it's essential to have a basic understanding of the process to actively participate in or potentially handle the clearance process yourself.

On the master side, the clearance fee typically ranges between $2,000 and $10,000. Additionally, the owner of the master may require a share of the new master's royalties, ranging from 3% to 10%. It's crucial to be flexible and willing to negotiate, especially if you have limited funds to offer.

On the publishing side, the clearance fee should be negotiated as an "all-in" agreement. This means that the funds allocated for the clearance fee are distributed proportionally among all the composition's rights holders. Similar to the master side, sharing a percentage of the publishing may be necessary, but it should not exceed 50% all-in distributed pro-rata.

Lessons from Past Examples

Examining past instances of sample clearance can provide valuable insights into the challenges and potential consequences of not properly clearing a sample.

In 2012, Baauer released the EDM hit "Harlem Shake," which achieved tremendous success. However, the song contained unlicensed samples, leading to potential legal complications. Baauer admitted to using a sample found online without proper permission, highlighting the importance of obtaining authorization for all elements used in a composition.

Another example involves the hit song "Deja Vu (Uptown Baby)" by Lord Tariq and Peter Gunz. The track sampled Steely Dan's "Black Cow." In order to clear the sample, Steely Dan demanded an advance payment of $115,000 and 100% of the publishing royalties. While the sample clearance allowed for the success of the song, it demonstrates the potential financial implications of not properly negotiating the terms.

Conclusion: Collaboration and Revenue Streams

Clearing a sample is a necessary process that benefits both the original artists, songwriters, and producers, as well as the artists using the sample. It's crucial to approach the process with respect and transparency, ensuring that all parties involved are fairly compensated. By understanding the ownership of the sound recording and composition, conducting thorough research, and negotiating terms diligently, you can navigate the sample clearance process effectively and unlock new revenue streams for everyone involved.

Additional Resources:

Types of Publishing Deals and How They Work

4 Steps to Licensing Your Next Single