A mixtape made in 2011 may contain samples that nobody worried much about when it was a free download.

Putting that same project onto commercial streaming services changes the situation.

Before distribution, audit every track.

Create a sample list

Listen carefully.

Document every:

• obvious sample;
• vocal clip;
• movie quote;
• drum break;
• interpolation;
• sampled beat.

Ask the original producers for their session information.

Master versus composition

A sample can involve two copyrights:

The original recording

and

The underlying composition.

Using the original audio may require permission from both.

An interpolation recreates musical material rather than copying the original recording, but composition permission may still be needed.

Find the rightsholders

Possible contacts include:

• record label;
• publisher;
• songwriter;
• sample-clearance company;
• rights administrator.

Be precise.

Tell them:

• song;
• sample;
• length;
• use;
• planned distribution;
• territories.

Expect negotiation

A rightsholder may ask for:

• upfront payment;
• master royalty;
• songwriting share;
• ownership percentage;
• minimum fee.

There is no universal sample price.

Decide whether clearance makes economic sense

If a track is expected to earn £500 and clearance costs £10,000, you may have a problem.

Options include:

• recreating the section;
• removing the sample;
• replacing production;
• excluding the track.

Protect the overall project.

Keep approvals

Save:

• licences;
• emails;
• invoices;
• royalty terms;
• publishing changes.

Do not rely on memory.

Don’t assume nobody will notice

Audio recognition has improved dramatically.

A sample that went unnoticed on a free mixtape may be identified quickly once distributed globally.

Final thoughts

Clearance is easiest before the song is released commercially.

Audit first.

Contact owners second.

Then decide whether the original version remains economically viable.