Clearing a Sample/Beat for Music Production!

 

Securing proper clearance for beats or samples has become extremely important in the dynamic landscape of modern music creation. As artists, producers, and musicians continuously push creative boundaries, it is crucial to comprehend and respect the legal implications surrounding the use of existing musical elements. Clearing a beat or sample involves obtaining the necessary permissions and licenses from original creators or copyright holders. Speaking of copyrights, don’t miss out on our article on Copyrighting Your Song 101. 

 

Yes, we understand that any musician would rather hibernate in his studio than understand the legalities of his music production. But this is important because it safeguards your artistic integrity and also fosters a fair and respectful environment within the music industry - you don’t want to end up fighting with another musician, do you?

 

Before we dive into the process of the whole thing, let’s define our basic terms. 

 

 

What is a sample?

 

In the realm of music production, a sample refers to a snippet or segment of pre-existing audio material that is incorporated into a new composition. These samples, ranging from melodies and drum patterns to vocals and sound effects, are sourced from various recordings, including songs, instrumentals, and other audio sources like movies or speeches. Basically, you take an element out of a previously recorded track by another artist and use it in your music. 

 

By manipulating and rearranging these samples, producers can create unique musical elements that add depth and character to their tracks. Samples are particularly prevalent in genres such as hip-hop, electronic music, and remix culture, allowing artists to pay tribute to previous works and evoke nostalgic connections with listeners. A sense of familiarity is elicited by using such samples and thus brings in more reach to an audience that actively listens to that particular artist or genre. It really isn’t surprising that sampling is extremely common. 

 

You may have heard of interpolations. The primary distinction between interpolation and sampling in music production lies in how you incorporate elements from existing works into your own compositions. 

 

Interpolation entails reimagining or reinterpreting segments of pre-existing songs, infusing them into a fresh context. This creative process involves re-recording or reperforming recognizable melodies, chord progressions, or lyrics. By doing so, you can add your spin to the material, fostering a sense of originality and artistic expression. Interpolation resonates with popular trends in music production. In contrast, sampling involves directly incorporating sections of pre-existing recordings into new compositions. This technique often includes taking specific snippets, such as drum beats, vocal lines, or instrument riffs, and seamlessly integrating them into the new work, as they are. 

 

It's crucial to note that both interpolation and sampling require proper clearance and permission from the original copyright holders to respect intellectual property rights and avoid legal complications.

 

Pssst..come here: The clearance you need to release a cover song is totally different from the one you need to sample a beat for your track. For a cover song, you need a mechanical license from the original artist.

 

Just in case you think the clearance is not a big deal, let’s burst that bubble. Um, not getting your beat cleared is a violation of music industry law. Oh also, it doesn’t really matter how long or short the beat you want to sample is. There is no loophole; you have to get your sample cleared. And it is going to be a long and tedious process. Yeah, let that sink in. 

 

What licenses should you obtain?

 

When it comes to clearing a sample, acquiring both the master recording and the underlying music license is indeed necessary. And these come under the broad term called Copyright Licenses. However, it’s important to note that unlike obtaining a license for distributing and releasing a cover song, the copyright owner of the sampled material is not obligated to grant you permission to use the sample. So you may not 100% get your beat cleared.

 

The copyright owner has significant control over the terms and conditions of sample usage. They have the freedom to dictate the terms of the license, which you can either accept or reject. As the sampler, you may need to negotiate with the copyright owner to reach an agreement that satisfies both parties. The copyright owner can set specific requirements, such as payment of royalties, imposing limitations on the sample's duration, or even denying clearance altogether. This agreement is often called a Sample Clearance Agreement.

 

 

To use the master recording, the copyright license is held by the artist or the label which he or she has signed with. This license is specifically called the Master Use license. On the other hand, if you want to utilize the underlying composition, then the copyright license is owned by the songwriter or music publisher. Since you have to get this cleared by the publisher, it is broadly referred to as Publisher Clearance. 

 

Pssst…come here: If the copyright holder comes to know that you have illegally used their beat, then they can send a cease and desist letter and, they can sweep your money. Be careful!

 

Finally, the process of sample clearance:

 

• Know who owns the copyright: A lot of musicians often forget to actually go through and research who owns the beat they want to use, leading to a lot of confusion when you do end up applying for a clearance. So, the very first step in getting your sample cleared is to know who owns the copyright, - the master recording copyright holder. Usually, this information can be found in the credits of the original work or through music publishing databases, record labels, or copyright registration offices. This holder can be the artist, a label, or another third party in business with the artist. It can be a lengthy process so we suggest you begin way before you actually start using the beat.

 

 

• Gather all the details about the beat: You’ll want to secure all the relevant and essential details regarding the music you want to sample and how you’re planning to use it before you begin requesting approval to feature a sample in your song. Make sure you are aware of the length of the beat that will be used in your track, frequency - how often the beat repeats in your track, and part of the rights holder’s music that you are sampling, as well as your intended use for the song. 

 

 

Pssst…come here: Sometimes, the publishing rightsholder and the master copyright holder are the same people. 

 

For example, B.I. aka Hanbin, a famous K-pop artist, holds the copyright for mechanical and master use licenses, but he is also the owner of his record label called 131online under which he publishes his music, making him the publishing rightsholder as well. But otherwise, these two right holders are different people and you may need to search for them as well. Going immediately to the largest music publishing databases (PROs) and searching those for the song will give you the best chance of finding the publishing owner. This will be ASCAP, Harry Fox, and BMI in the US. It's called SOCAN in Canada. And the PRS will be used in the UK. 

 

• Contact the copyright holders: Once you have located the copyright holders, get in touch with them on your own or through a representative (such as a music lawyer or clearance agency) and let them know that you are interested in clearing the sample. Formal letters or emails might be used to get in touch with this person.

 

 

• Negotiate the price: The terms of the sample clearance are discussed during the negotiation phase. This includes negotiating any monetary arrangements, such as up-front costs, royalties, or revenue splits, as well as setting the scope of usage, such as the length of time and size of the sample. The owners of the copyrights may also place limitations on how the sample may be used or demand creative control over the finished item. Like a clearing fee, most publishers will likely ask for an upfront advance. This can cost anywhere from a few hundred to a few thousand dollars. In addition, they’ll probably want a share of the money the song makes overall (this is way better than getting sued, trust us). Similar to this, the label will also require some sort of advance payment or charge in addition to a rollover.

 

 

A rollover is essentially a royalty rate that is computed based on a revenue threshold, meaning that you will owe the label a certain amount of money once you've sold a certain number of downloads of your song.

 

Pssst…come here: If your copyright holder is someone like Hanbin, then you can negotiate a lower ‘all-in’ pricing for the clearance charge for songs where the master owner and publishing owner are the same person.

 

 

• Get that clearance: Once your terms have been established and documented legally, your sample is officially cleared and you can use that beat without the fear of ending up sued. The agreed-upon terms, including the rights given, the terms of payment, and any extra conditions, should be set forth in this legally binding contract. To protect all parties concerned, this agreement must be in writing.

 

 

 

• Pay your royalties: You could be asked to pay upfront costs or royalties to the copyright owners or their agents as part of the clearance procedure. The sample clearance agreement should specify the precise sums and payment conditions.

 

 

 

• Adhere to the terms: More often than not, artists try to find loopholes even in the documented agreements and terms that they have signed to. We suggest you strictly adhere to the terms and avoid any conflicts with the copyright holder. This entails correctly attributing the original copyright holders in your work and using the sample solely within the parameters that were previously discussed.

 

 

Pssst…come here: If both your publishing owner and master owner turn you down, DO NOT use the sample/beat. Not making that track is way better than using it and then finding yourself in a lawsuit. 

 

Phew. Yeah, that is a lot. But understand that although the sample clearance process can be challenging and time-consuming to navigate, it cannot and should not be skipped. 

 

It can be shortened though. 

 

Splice

 

Splice is a platform that has a big library of samples and beats that you could download for FREE. Yup, you don’t need to pay any royalty, and most importantly, it is LEGAL. 

 

 

This means that even if your track becomes popular or is picked up by someone famous, you only owe Splice the cost of your subscription and nothing else. You only have to subscribe to the library and you have access to a variety of samples and beats. You can use them without having to pay anyone any royalty. The usage of third-party materials in your new content or creation must still be disclosed.  

 

 

You have the right to use the samples that you download for as long as you like, but so do all other Splice users who have also downloaded the files using the platform, thanks to the permanent and non-exclusive license that your subscription offers. Hence, you can now give a copy of the certified license to any third-party distributor when you want to distribute your latest work or creation (for example, through YouTube, CD Baby, Distrokid, etc.). 

 

 

This will reveal that your new content or creation incorporates a sample and that using that sample is allowed and confirmed. Remember that for each sample, you will have to generate a separate certified license on Splice. Loopmaster is a similar platform as well. This way, you can use a sample/beat that is legally cleared without all that hassle! 

 

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