How to Clear a Sample, Even as an Independent Artist

“We take the things that we love and we build on them.”

You found it. Four bars of an old soul record, and your beat finally sounds like something. Then the worry kicks in: can you actually put this out?

Most producers guess, or they trust a rule a friend heard somewhere. You don’t have to. Below is what the US Copyright Office, the performing rights groups, a major label and the big distributors say on their own sites. It’s all turned into plain steps, plus the ways to skip the problem altogether.

This isn’t legal advice. It’s a short recap of what those official pages said when we checked them on October 12, 2026. For a real deal, talk to a music lawyer.

What does it mean to clear a sample?

Clearing a sample means getting written permission from the people who own the music you sampled, before you release your song. That’s usually two owners: whoever owns the recording, often a record label, and whoever owns the song, meaning its writers and publisher.

A sample is a piece of an existing recording that you put in your own track: a drum break, a vocal line, a few bars of a melody. In the words of DistroKid’s help center, sampling is using an actual recording of another artist’s performance in your music.

Here’s the part that surprises people: every recorded song is two separate things, often with two different owners. “Sound recordings and musical compositions are considered two separate works for copyright purposes,” says the US Copyright Office.

• The recording, or master: the actual audio you lifted. ASCAP says its owner is often the record label that released it. The Copyright Office names a recording’s performers and producers as its authors, so an artist who released it on their own may own it.
• The song, or composition: the music and the lyrics. It belongs to the songwriters and, usually, their music publisher.

ASCAP spells it out for producers: if you sample someone else’s recording, you need permission from both the master owner and the writers and publishers of the song. One yes doesn’t cover the other.

How to clear a sample, step by step

Write down exactly what you used, find the song’s publisher in the ASCAP, BMI or SESAC databases and the label that owns the recording, then ask both in writing. Release only once both have licensed it, and register your song with the agreed splits.

This is the process the official pages describe, in plain steps. Start early, long before your release date.

1. Write down exactly what you used

Note the song title, the artist, the release and the exact part you took: how many seconds, where it sits in the original, how often it repeats in your track and whether you changed it. You’ll need all of it in your request, and you’ll need it again for the license. Labels really do ask for this. Sony Music’s sample request form wants the original artist, title, release year and ISRC (the recording’s ID code). It also wants a link to a demo of your new track and the sample’s key data: its length, any vocal passage, how often it repeats and your song’s running time.

2. Find who owns the song

Search for the song in the public databases of the performing rights groups, or PROs. They collect royalties for songwriters, and their listings show who publishes each song. Start with these four.

• ASCAP’s Repertory search, which ASCAP itself calls a good first step for a sample.
• BMI’s Repertoire search.
• SESAC’s repertory.
• Songview, where ASCAP, BMI, GMR and SESAC show their ownership data in one place.

The Copyright Office’s own answer to how you get permission is refreshingly short: “You can ask for it.” If you know the owner, contact them directly. If you’re not sure who owns it, you can search the Copyright Office public records yourself or ask the Office to search for you.

3. Find who owns the recording

ASCAP says the master’s owner is often the record label that released it. Check the credits on the release for the label’s name, then look for that label’s licensing or sample-request page. Some labels run their own. Sony Music’s licensing page has a sample request form for recordings it released in Germany, Austria and Switzerland. Requests for its other recordings go to the matching Sony Music team.

4. Ask both owners in writing

Send a written request to each owner, with the details from step 1 and a link to your demo. Keep it short: who you are, the song and the exact part you used, how you used it, and how you plan to release your track. And don’t treat a sent request as a yes. Sony Music’s page puts it plainly: “A request alone is no approval for use from our side.”

5. Agree on the terms and get the license

Each owner names its own terms. On the song side, BMI says the sample’s share is what you and the original publishers “mutually agreed upon,” and ASCAP says to work out the splits with the publishers directly. On the recording side, the label sets its terms. Sony Music also reminds you to “request and compensate” the publishing rights. Only release once you have a license from each owner.

6. Register the new song with the right splits

Your new song’s registration has to include the people you sampled. BMI says that when a work contains an approved sample, the sampled song’s writers and publishers go on the new registration with the shares you agreed on. It also says it won’t register or pay performance royalties on works with unauthorized samples. ASCAP likewise asks you to settle the split with the sampled writers and publishers before you register.

Tell your distributor too. Splice notes that most distributors want you to disclose licensed third-party material, even royalty-free sounds. CD Baby asks for documentation of your agreement with the original owners, or your receipt if you bought the sample. When you’re ready to put the finished song out, our guide on how to release music covers the rest.

How much does it cost to clear a sample?

There’s no set price, because each owner names its own terms. The official sources describe a negotiated deal: a share of your new song’s royalties for the sampled writers and publishers, plus whatever the label asks for its recording. A cover license won’t help, because cover licenses exclude songs with samples.

A cover song has a standard license you can buy. A sample doesn’t. DistroKid’s cover licenses require that “your song does not contain samples and is not a remix,” so that route is closed. Here’s what the official pages say about the money.

• The song side: a share of your royalties. BMI and ASCAP both describe the sampled writers’ and publishers’ part of your new song as a split you agree on with them.
• The recording side: the label’s terms. Sony Music’s licensing page has you request the recording, and reminds you that the publishing rights must be requested and paid for too.
• No upfront fee for pre-cleared songs: Tracklib’s pricing page says it licenses royalty-bearing samples from its own catalog with no upfront fees. Part of the deal is a revenue share with the artists you sample.

How long does sample clearance take?

It depends on how fast each owner answers, and none of the official pages promises a timeline. Start well before your release date, because you shouldn’t release until both owners have said yes, and a request on its own isn’t approval. Pre-cleared catalogs are the exception: Tracklib says the songs in its catalog can be cleared in minutes.

Do you have to clear every sample?

If your track contains someone else’s recording or song, the safe answer is yes. These are the shortcuts people hope for, and what the sources say about each.

Is there a few-seconds rule?

No. The Copyright Office answers this one directly. “There are no legal rules permitting the use of a specific number of words, a certain number of musical notes, or percentage of a work,” it says. Two seconds of a famous hook is still a sample.

What about fair use?

Fair use is real, but it’s decided by courts, one case at a time, as the Copyright Office explains. Its FAQ says a sample may sometimes be used without permission. But “in cases of doubt, the Copyright Office recommends that permission be obtained,” the FAQ adds. It also notes that even a small piece can fail the test if it was the heart of the work.

What if I give credit or release it for free?

Credit is good manners, but it isn’t permission; every source above talks about permission and agreed splits. Releasing for free doesn’t settle it either. The Copyright Office says not all noncommercial uses are fair, and its FAQ is plain about the risk. If you use a work without authorization, “the owner may be entitled to bring an infringement action against you,” it says.

Can DistroKid clear a sample for you?

No. DistroKid’s help page says it can help with cover songs but can’t approve samples, and that stores don’t allow another artist’s stem or sample without permission. It defines sampling as using an actual recording of another artist’s performance, and says that’s generally not legal without the owner’s permission.

What happens if you release a song with an uncleared sample?

The owners can have it taken down, and they can sue. Distributors like DistroKid remove music after a copyright claim. BMI won’t register or pay performance royalties on works with unauthorized samples. And US law lets a court award statutory damages of $750 to $30,000 per work, or up to $150,000 if the infringement was willful.

• Takedowns. DistroKid’s help center lets rights owners file a DMCA takedown request against music it distributes, and music can be removed over a copyright claim. A counter-claim is only for a real mistake or misidentification.
• Royalties. BMI won’t accept registrations for works with unauthorized samples, or pay performance royalties on them.
• Court. Under US copyright law, a court can order you to stop, impound copies, and award the owner’s actual damages plus your profits, or statutory damages of $750 to $30,000 per work. That rises to as much as $150,000 if the infringement was willful, and the court can add the winner’s attorney’s fees.
• Small claims. Owners can also bring claims of up to $30,000 in total to the Copyright Claims Board, a voluntary alternative to federal court inside the Copyright Office.

The safest fix is to solve it before you upload. Clear both owners, or take the original audio out: replay the part and clear only the song, or replace it with a royalty-free sound or a part you wrote. If the song is already out, the Copyright Office’s advice still applies: you can ask for permission.

What if the owners say no?

Then don’t release the song with that sample. You still have options. Swap in a royalty-free sound, write a new part in its place, or, if only the label said no, replay the part yourself. A replay leaves out the original recording, so only the song’s owners need to say yes, as the replay section below explains.

How can you use samples without clearing them?

Pick the route by what you need. For a sound, use a royalty-free library like Splice, which gives you a royalty-free license for every sound you download. For the feel of a real old record, use a pre-cleared catalog like Tracklib. Clear a classic song yourself only when that exact recording matters, because it means two owners, a negotiation and time.

Clearing a famous record takes time and money. These routes get you a sampled sound without the paperwork, or with far less of it.

Use royalty-free samples

Royalty-free means you pay once, or subscribe, and can then use the sounds in your own released music. Splice says every sound you download comes with a royalty-free license for commercial use under its terms, and that the license stays even if you cancel. DistroKid confirms it’s fine to use royalty-free samples from services like Splice, Sounds and Loopcloud, and the sounds that come with your DAW. One catch from DistroKid: songs built on royalty-free samples can’t use its YouTube Content ID extra.

Packs are the normal route. “Buying sample packs in specific styles is pretty common,” says Max, the founder of Mix Elite, in its free 4.5-hour FL Studio course. To get a pack into FL Studio, follow how to install sample packs. To see what a royalty-free license promises from the seller’s side, read how to sell sample packs.

Use pre-cleared samples

Tracklib sells the middle ground: real records from all over the world, released from 1928 to today, that are pre-cleared for sampling. It says clearances are included in the subscription, and you register your release and how you used the sample on its Licenses page to get your license. Part of the deal is a revenue share, which DistroKid handles by having you add Tracklib to your song’s splits with the percentage from the sample license.

Replay the part yourself

Re-recording the part yourself, note for note, is called an interpolation or a replay. US law says a recording’s owner can’t stop a completely new recording that only imitates its sounds (17 U.S.C. § 114(b)), and Sony Music’s sample form treats a request as not relevant to the label when no part of the original recording is used. But the song itself still belongs to its writers. The same law gives a song’s owners the right to authorize copies and new works based on it (§ 106). Sony’s page also reminds you to request the publishing rights separately. A replay skips the label, not the publisher.

Learn from the record, then make your own

Mix Elite’s YouTube channel has a whole video on learning from hit records the honest way. It takes a free type beat, pulls out the drums and rebuilds the groove with new samples, as practice. In FL Studio, right-click the small wave icon in the top-left corner of the audio clip to open its menu and choose Extract stems from sample. Pick Drums (1) and click Extract (2).

Rebuild the groove with your own sounds

Then open FPC’s Piano roll and drag the drum loop in as a guide (1). Place your own kick (2) and hi-hat notes (3) on its hits, with the velocity lane (4) copying how hard each hit lands. Rebuilding a groove like this teaches you why it works. The video is clear that this is practice: you should “never use it to steal anything from anyone,” it says.

The same video turns drums from your own old projects into ambient top loops with Frequency Shifter, a low cut and some room reverb. That’s sampling with nobody to ask, because every part is yours. Pulling sounds out of a song “can be used on your own tracks for which you lost projects already,” Max says in another video. For more on rebuilding breaks with your own sounds, see how to make breakbeats.

How do you clear samples as an independent artist?

Follow the same steps a label would, on a smaller scale. Search the free ASCAP, BMI, SESAC and Songview databases yourself, ask the label and the publisher in writing with a demo, and agree on a split before you release. On a small budget, royalty-free sounds, a pre-cleared catalog like Tracklib, or a replay with only the song cleared keep the cost down.

What changes for a bedroom producer is how much a delay or a big fee hurts. These four habits keep it simple.

• Start with sounds that are already cleared. Royalty-free packs and pre-cleared catalogs come with their terms written down.
• Clear before you release, not after. CD Baby asks for documentation of your agreement, and BMI won’t register a song with an unauthorized sample.
• Search the databases yourself first. ASCAP, BMI, SESAC and Songview are public, so you can find the publisher before paying anyone.
• Get help for a famous record. Clearance agencies and music lawyers do this every day.

And if you’re still learning to finish songs, sampling can wait. Our guide on how to produce music gets you from an empty project to a finished track.

Frequently asked questions