Using samples? Here's how to do it right
By Matt Mateus
Posted in Guides
Sampling is an art form—one of the most creative ways to flip the past into something new. But if you're planning to release music commercially, especially on streaming platforms or through labels, sample clearance isn’t just a formality—it’s part of the process. Whether you clear it yourself or go through a company, doing it right protects your work and keeps it out in the world.
What to do if your track includes audio from someone else’s music
A lot of artists release songs with samples without getting permission. Sometimes they don’t realize it’s needed. Sometimes they assume it won’t matter.
But if you’re using someone else’s recording—even a few seconds—you need permission. That applies whether it’s obvious or buried under effects. And skipping that step can lead to takedowns, lost revenue (if platforms redirect earnings to the copyright owner), or legal problems.
Here’s what the process actually looks like: who you need permission from, how to get it, and what to do if you can’t.
What is a sample?
A sample is any part of another artist’s recorded audio that you use in your own track.
This includes:
One bar of drums
A single vocal phrase
A reversed sound effect
A texture or ambient loop pulled from a movie, YouTube video, or old record
If it’s someone else’s recording, and you didn’t create it or license it from a royalty-free source, it's a sample—and legally, you need permission to use it.
What rights are involved in a sample?
Every sample involves two different copyrights:
The master recording – usually owned by a record label or the artist
The underlying composition – owned by the songwriter(s) or their publisher
You need permission from both parties to release your track legally.
Wait—what’s the difference between a master and a composition?
When you sample a song, you're working with two separate legal rights, and they each belong to different entities.
Master recording
This is the actual audio you hear—the finished, mixed, recorded track. If you take audio from the recording itself, you're sampling the master.
Owned by: a record label or the artist
Example: A drum fill from the original version of Funky Drummer by James Brown
Composition
This is the underlying song—the melody, lyrics, structure, and chord progression. Even if you replay it yourself, you’re still using the composition.
Owned by: the songwriter(s) and/or a publisher
Example: The melody and chord structure of Let It Be, regardless of who performs it
If you sample a recording, you're using both the master and the composition.
If you recreate the part yourself, you're only using the composition—but you still need permission.
Can I just release the track and hope for the best?
Plenty of artists and producers do, especially early on in their careers.
But the risk is real:
Your music can be taken down from Spotify, Apple Music, or YouTube
You can lose monetization or get hit with copyright claims
You could be sued (which is rare, but more likely if your track gains traction)
There’s no safe amount of a sample to use without clearance. Even heavily edited or unrecognizable samples can be identified by automated systems or people familiar with the original work.
A real-world example: Old Town Road
When Lil Nas X released the first version of "Old Town Road," it included a sample from Nine Inch Nails’ instrumental track "34 Ghosts IV." At first, the track was uploaded to SoundCloud and TikTok without any clearance. But once the song began to take off, the sample had to be cleared properly before a commercial release.
Here’s what that looked like:
Step 1: Identify the source
"34 Ghosts IV" by Nine Inch Nails (Trent Reznor and Atticus Ross) was the sampled track.Step 2: Get master clearance
The master recording was owned by Nine Inch Nails, who self-released the Ghosts album. Permission was granted directly by Trent Reznor and Atticus Ross.Step 3: Get composition clearance
Because the sampled material used part of the composition, Reznor and Ross were credited as co-writers of "Old Town Road" and received a portion of publishing royalties.Step 4: Update metadata and credits
Once cleared, the commercial release credited all rights holders properly and was distributed with full legal clearance.
This is a good example of how even an underground or experimental sample can become a big deal—and why it’s better to handle permissions early if you think your track has any potential to grow.
How do you legally clear a sample?
1. Identify what you sampled
You’ll need to know:
The original track title and artist
The label that owns the master
The publisher or PRO that represents the composition
Helpful resources:
2. Get in touch with the rights holders
You’ll need permission from both:
The label (for the master)
The publisher (for the composition)
You can try to do this yourself by reaching out via email, social media, or contact forms—but it can be slow and difficult, especially if you're independent.
Companies that help with sample clearance
If doing it yourself sounds like a headache, you're not alone. These companies specialize in helping artists clear samples legally:
Tracklib
Offers pre-cleared, licensed samples from real songs
You pay based on how much of the sample you use and how many streams or downloads your track gets
Third-party sample clearance services
Most clearance services are run by attorneys or experienced supervisors who handle the legal work for you. Some are better suited for major releases, others for indie projects. Look for one that fits your genre, budget, and the complexity of your sample.
What if I just replay the sample myself?
If you recreate the sample—note for note, chord for chord—you’re avoiding the master usage, but still using the underlying composition. That still requires a license, similar to releasing a cover song.
Some publishers are more open to interpolation (replaying the part) than direct sampling, but you'll still need to contact them or use a licensing service.
What about royalty-free samples and loops?
If you’re using loops or one-shots from a royalty-free sample library, you’re usually safe. These might include:
Other reputable sample pack providers
But not all royalty-free licenses are created equal. Always read the fine print—some libraries restrict major label use, resale, or sync placements without additional clearance.
And remember, royalty-free samples are available to everyone. That loop you just dropped into your track? Someone else could be using it too—maybe in the exact same way. If you want to stand out, you’ll want to get creative with how you use them.
Quick recap: how to release a track with samples
Identify the sample and the original track
Get permission from both the master and composition rights holders
Or use a sample clearance service
Or choose royalty-free material with commercial use licenses
Don’t release tracks with uncleared samples—especially if you’re planning to distribute widely
Final thoughts
The right sample can shape a whole track—but using it the right way matters. If you're planning to release your track officially, clearing it properly is part of the process. It doesn’t have to be complicated—you can handle it yourself, go through a service, or choose material that’s already cleared. Just don’t skip the step. The right clearance keeps your track up, keeps your credit clean, and keeps the focus where it should be—on the music.
If that sounds like too much? There’s never been a better time to build your own sounds, flip royalty-free material, or collaborate with other musicians who are down to create something original from scratch.
