How to use samples in your music with legal permission
“Music sampling refers to the process by which a musician or record producer uses a portion of an existing song in a brand new recording, looping it and layering it with new music in a new context.” (MasterClass, 2022) Hip Hop has been the music genre which has most frequently used music samples since the 1980's but over time the use of this tool has become more and more frequent in genres such as Latin, Pop and R&B. In fact, between 15 and 25% of the most popular songs listed on Billboard contain samples and 83% of top producers have released music containing samples during their careers. World-renowned artists such as Beyonce, Jay-Z, Lil-Nas, Doja Cat, Drake and many more, have used samples in their most popular songs. While some of them did use them legally, many did not. Numerous artists use samples unintentionally and if intentionally, don’t utilize them legally because they think they can save paperwork and money. The truth is that the process of using a sample legally is simple, cost-effective and will avoid legal problems. Here you will find all you need to do to clear a sample for your recording.
Who to contact
In order to use a sample you will need to ask permission from the owner of the original composition and the owner of the recording. In most cases, the owner of the composition is the publishing company and the owner of the recording is the record label. You’ll be writing two separate letters to them: the Master sample clearance request letter (for the recording) and the Mechanical License Request (for the composition).
Locating the sample
You will want to look up the address and contact information of the record label that originally recorded the song and the publishing company that owns the composition that is embedded in the original recording. Databases such as DISCOGS and Whosample help you find the record label information and PROs such Harry Fox, BMI, ASCAP or SESAC help you find the publisher’s. It is very important to know exactly who owns the rights to the work you're sampling.
Writing the letters
Next, you will enter the address and contact information on the letters and describe in both of them the information regarding the sampled song, information regarding your recording, intended usage of sample and intended release information. Here are my suggested templates for the mechanical license request and for the master sample clearance request. Keep in mind that it is not permitted to release your new song with the sample until permission is received from both parties. The last thing you have to take into account is that the owners of the original song will always try to negotiate as many royalties as they can so be prepared for that.
Conclusion
The use of samples in the music industry is more common than we think. However, if you as an artist don’t request permission you will find yourself in a constant legal battle. Many artists hire an attorney to do the process I just explained but if you follow my suggestions you can see that it is possible to do it yourself!
Margarita Waldburger