To clear a sample, you get permission for both rights in the recording: the master (the recording itself, usually controlled by a label or the artist) and the composition (the song underneath, usually controlled by the songwriter or their publisher). One without the other does not clear it. If you replay the part yourself instead of lifting the audio, you generally only need the composition side.
This guide covers how the two rights split, how producers find the owners, what deals commonly look like, a step-by-step checklist, and the myths that get beats taken down. It is general information, not legal advice. Rules differ by country, and for a release with real money behind it, a music lawyer or a clearance service is worth paying for.
The two rights in a sampled record
Every released song carries two layers of ownership, and sampling touches them differently.
- The master (sound recording). The specific recording: the performance, the studio, the mix. It is typically controlled by a record label, or by the artist if they own their masters. Lifting audio from the record uses this.
- The composition (musical work). The melody, chords and lyrics as written, typically controlled by the songwriter or a music publisher. Using the audio also uses the composition, because the notes come along with it.
A guide from Ditto Music on how to get a sample cleared for a song or beat (Hypebot, June 2022) puts it the same way: sampling needs permission for the master recording, usually held by the artist or label, and for the underlying composition, usually held by the songwriter or publisher. The US Copyright Office's overview of copyright lists the exclusive rights an owner holds, including to reproduce the work and to prepare derivative works based on it. Taking audio from a record and building a beat on it is exactly that kind of use.
The same split sits behind how royalties work on your own beats, which loop maker splits explains.
Sample vs interpolation
An interpolation (also called a replay) means you re-record the melody, chord progression or lyric yourself, with your own musicians or your own keys, and use none of the original audio. Because no master is copied, you generally need a licence for the composition only. The Ditto guide above describes interpolation the same way: re-creating another song's music closely, so only the composition needs permission.
Two cautions. A replay close enough to be recognisable is still using the composition, so "I played it myself" removes the master question, not the publisher one. And the original owners are sometimes easier to deal with on a replay, but never assume that: ask.
How clearance usually works
Producers commonly start with the publisher, because the composition side is the one a replay needs too, and then approach the master owner. Either order is workable. What matters is that you have both answers before you release.
Finding the owners is mostly detective work.
- Master owner. Streaming credits, the label named on the release, the artist's website. The Ditto guide points to Wikipedia pages, liner notes on streaming pages and artist sites for contacts.
- Composition owner. Performing rights organisation databases list writers and publishers: ASCAP and BMI in the US, SOCAN in Canada, PRS in the UK. The Ditto guide notes that searching them fully can need membership, and that without it you can search the composer's name online. Treat any database entry as a lead, not proof of who currently controls the song, because catalogues get sold.
- Sampling databases and credits. Sites such as WhoSampled and Discogs help you see how a record is credited and who has sampled it before, which is useful context, not a rights record.
On the money, the Ditto guide describes the publisher side as commonly an upfront fee, in its words from "a few hundred dollars to a few thousand", and sometimes a percentage of the revenue the song generates, depending on how prominent and recognisable the sample is. It describes the label side as an upfront fee or advance, plus a rollover royalty tied to sales thresholds. It also says that where one party controls both rights, you may be able to negotiate a smaller combined ("all-in") fee. Treat all of that as a description of what deals can look like, not a price list: the owner sets the terms, and the answer can be no.
Because clearance involves research, negotiation and paperwork, the same guide advises starting well before release, since a refusal means reworking the track anyway.
If you would rather not do it yourself, clearance services exist that research owners and negotiate for a fee, and pre-cleared libraries sell audio already licensed for reuse. Ditto names Tracklib and DMG Clearances as examples. Check what a pre-cleared licence actually covers (streaming, sync, leasing the beat) before you build on it.
A clearance checklist, start to finish
- Identify the sample. Note the exact track, the timestamp and what you used: drums, a vocal, a chord stab. Keep the original file.
- Decide sample or replay. A replay needs the composition only, but it must be a genuine re-recording, not a filtered copy.
- Find the composition owners. Check PRO repertoire databases for writers and publishers, and the credits on the release. Record every co-writer and publisher listed.
- Find the master owner. Label on the release, distributor, or the artist if independent.
- Decide whether you can afford the answer. Ask for a quote on your intended use before you commit months of work. A sample that costs more than the beat earns is a replay or a different sample.
- Send a request to each side. Use the list below. Contact the master and publisher separately; one does not speak for the other unless they say so.
- Negotiate in writing. Fees, any share of publishing or master income, credit, territory, term, and which uses are covered (streaming, sync, physical).
- Get signed licences before release. A verbal yes is not clearance. Keep the signed documents with the project file.
- Update the paperwork on your own track. The sampled writers go on the split sheet and in your registrations in line with what you agreed. See split sheets.
- File it. Store the licences, emails, the sample timestamp and the final split in one folder, so a distributor or content claim can be answered in a day.
What to have ready before you contact a rights holder
- The sampled track's title, artist, album and the exact timestamps you use.
- A rough version of your track (private link), so they can hear the use in context.
- How you will release it: streaming only, sold or leased as a beat, placed with an artist.
- Territory and timeline.
- Your credit and legal name, plus a contact the artist or label can reply to.
- What you can offer: an upfront fee, a share, or both.
Myths that cost producers beats
"Under a few seconds is fine." There is no safe length. US courts have disagreed on whether very short samples need a licence. In Bridgeport Music v. Dimension Films, 410 F.3d 792 (6th Cir. 2005), involving a two-second sample from a Funkadelic record, the Sixth Circuit rejected a de minimis defence for sampled sound recordings and wrote "Get a license or do not sample" (see the case summary). In VMG Salsoul v. Ciccone (9th Cir. 2016), a different court held that the de minimis exception does apply to sound recordings and found a 0.23-second horn hit, transposed and layered, too small for an average audience to recognise; the court acknowledged it was creating a circuit split, per Loeb & Loeb's summary. The takeaway is not that short samples are safe. It is that the outcome depends on the court, the country and the facts, and your beat will be heard in all of them.
"If I chop it enough it is fine." Chopping and pitching change how recognisable a sample is, which the Ninth Circuit weighed, but they do not change who owns the audio. Under the Sixth Circuit's approach, how little you took does not matter at all.
"Royalty-free kits never need clearance." A kit's licence says what you may do with the kit. It cannot clear what its maker did not own. Read the licence, and see free loops for producers on checking one.
"Nobody will notice." Unlicensed samples can lead to takedowns, claims against the track's income and, if it is disputed, legal trouble. The Ditto guide warns that releasing without permission can bring legal action and removal from streaming platforms. You also cannot register or monetise a beat with confidence if a sampled writer later turns up.
Where loops from other producers fit
A loop that a producer made themselves is that producer's original work. Building on it is not a label clearance: it is an agreement with that producer about credit and a split. The exception is a loop that itself contains a sample. If the owner lifted a vocal or a melody from a record, their permission cannot clear it, and you inherit the problem. Ask the producer directly whether anything in the loop is sampled, keep the answer in writing, and if it is, run the checklist above. Loop vs sample explains where that line sits.
How this works on ColabLoop
Loops on ColabLoop are producers' own work, and ColabLoop is not a beat store: nothing is sold between producers. If you request to build on a loop and the owner accepts, you get a private room with chat and the full WAV. When the beat goes out, you record how, and both producers attest that the loop's owner is on the split.
ColabLoop does not clear samples, and it does not check anyone's rights claims or registrations. What is attested is what the producers say, so ask the question about samples yourself before you build. You can browse the loops and request any of them for free.
Questions producers ask
Do I need to clear a sample?
If you release a track that contains audio from someone else's recording, you generally need permission for the master and the composition, unless a licence or the law in your country says otherwise. When it matters commercially, check with a lawyer.
What is the difference between a sample and an interpolation?
A sample reuses the original audio. An interpolation re-records the melody or lyric yourself. A sample generally needs both master and composition clearance, while an interpolation generally needs the composition only.
How do I find out who owns a sample?
Start with the credits on the release for the label and writers, then search PRO repertoire databases for publishers. Treat results as leads and confirm with the rights holder, because ownership changes.
Is a sample under three seconds okay?
No length is safe. The Sixth Circuit requires a licence for any sampled sound recording, while the Ninth Circuit allows a de minimis defence in some cases. Do not plan a release around it.
Can I release first and clear later?
It is risky. The Ditto guide advises clearing before release, and a refusal after release can mean pulling the track. If you release without clearance, you are choosing the risk.
Sources: Ditto Music via Hypebot, How to get a sample cleared for a song or beat (June 2022). Loeb & Loeb LLP, VMG Salsoul, LLC v. Ciccone (June 2016). Wikipedia, Bridgeport Music, Inc. v. Dimension Films. US Copyright Office, What is copyright?.