How to Get an Artist's Permission to Sample His Song
Music samples are categorized as instrumental or vocal excerpts and interpolations taken from one song to create another. The sample may be used in one portion of the song or looped throughout to create an entirely different record and concept. Today's music is filled with all types of samples from great artists of the past. From soul and rock to psychedelic and folk music, just about anything can be used for a sample. All sample rights must be cleared through permission granted by the original artist or the owner the record's masters. While the sample clearance process can be tedious, the steps to obtaining permission are quite concise and simple.
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Instructions
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Get an entertainment attorney with experience clearing samples before you even think about contacting any record label or music publisher. Taking the legitimate route ensures that the sample clearance procedure is done properly, and that you don't miss any important aspects that may affect you or royalties for the record later on down the road.
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Locate the copyright owner(s) of the original master for the record you desire to sample. In most cases, the artists may not actually own the rights to the song. The best way to locate the copyright owner is to contact the music publisher or record label the artist was signed to at the time of the record's release.
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Make an upfront payment offer to clear the sample prior to recording your version of the song. Record labels and music publishers tend to give unsigned, independent artists a hard time when it comes to clearing samples. Making proper, upfront payment is the most effective way to show a label or publisher professionalism when it comes to sample clearance.
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Tips & Warnings
Contact the original record's performing artist directly, if possible. The performing artist may have all of the record's publication information, which can save a lot of time when it comes to locating the publisher or record label.
A simple way to find the owner of the record's master is to ask the publisher. The record is usually registered through both companies. So, all the information should be on file.
Sample clearance may not always be needed for every record. If the record is over 70 years old, no sample clearance is needed.
Samples only need to be cleared when the record will be distributed for any form of profit. If the new record is recorded for non-commercial, such as a mixtape or promo release, there is no need to clear the sample, as no money will be accumulated from the record.
Two clearances may be required to clear the sample: one for the song copyright from the music publisher, such as Broadcast Music Incorporated (BMI), the American Society of Composers, Authors, and Publishers (ASCAP), or Warner Music Group; the clearance for the master from the record company. This may not always be the case, but every record is different.
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