What is required to clear a sample?

What is required to clear a sample?

• A. Clearance of BOTH the recording AND the song copyright.
• B. Clearance of the recording only.
• C. Clearance of the song copyright only.
• D. No clearance needed if under 5 seconds.

Answer: (A)

When you use a sample, you’re technically borrowing two separate rights: the actual sound recording and the underlying song. To use the sample legally, you need permission from both sides of the rights equation. The owner of the master recording (often the record label or whoever controls that recorded performance) must grant a master-use license, and the owner of the song itself—the composers and their publisher—must grant a license for the underlying composition. Without clearing both, you’re risking infringement on either the recording rights or the composition rights, which is why the correct approach is to obtain clearance for both. Shorter cuts or “de minimis” uses don’t reliably avoid this requirement, so the standard practice is securing both licenses before releasing a sample-based track.

When you use a sample, you’re technically borrowing two separate rights: the actual sound recording and the underlying song. To use the sample legally, you need permission from both sides of the rights equation. The owner of the master recording (often the record label or whoever controls that recorded performance) must grant a master-use license, and the owner of the song itself—the composers and their publisher—must grant a license for the underlying composition. Without clearing both, you’re risking infringement on either the recording rights or the composition rights, which is why the correct approach is to obtain clearance for both. Shorter cuts or “de minimis” uses don’t reliably avoid this requirement, so the standard practice is securing both licenses before releasing a sample-based track.