“You sampled a classic break—now you need two separate licenses before you can release”
Most producers don’t realize that clearing a sample requires two completely separate licenses from two different rights holders. Get one license and miss the other, and you can be sued for copyright infringement. Your track gets removed from streaming. You pay damages. Your career derails.
Yet clearing samples correctly is achievable and affordable. A typical sample clearance costs $500-$5,000 in licensing fees—far cheaper than the thousands you’d lose from copyright strikes and takedowns.
This guide covers: What sample clearance is, why you need two licenses (master and mechanical), exact step-by-step process, realistic costs and timelines, clearance platforms that do the work for you, common mistakes that land producers in legal trouble, and real-world examples. By the end, you’ll know exactly how to clear any sample legally.
1. What Is Sample Clearance?
Definition: Sample Clearance
Sample clearance is the process of obtaining legal permission to use a portion (sample) of an existing recorded song in your new track. When you chop up a classic soul break, flip a funk horn line, or layer a vocal snippet, you’re using a sample. To legally release that track, you need permission from the copyright holders.
Why Sample Clearance Matters
🚨 Copyright Reality: Using an uncleared sample is copyright infringement. Consequences: Your track gets removed from all streaming platforms, you face civil lawsuits for damages, record labels refuse to work with you, and your income stops immediately.
Real consequence example: A producer released a beat with an uncleared sample. Streaming revenue went to copyright holders instead of the producer. The producer’s account got suspended. 6 months of work: zero income.
The Two-License System: Why You Need Both
Master Use License
Permission to use the specific RECORDING (the audio itself). Owned by: record label or artist who owns the master recording.
Cost: $500-$25,000+
Grants: Right to use that exact recording/voice/instrumental
Mechanical License
Permission to use the COMPOSITION (melody, harmony, lyrics). Owned by: songwriter or music publisher who owns the publishing rights.
Cost: $100-$500+ (often paid as percentage of royalties)
Grants: Right to reproduce the underlying song
What Happens Without Proper Clearance
- Streaming removal: Song deleted from Spotify, Apple Music, SoundCloud within days of copyright claim
- Revenue loss: All streaming royalties go to copyright holders (you earn nothing)
- Copyright strike: YouTube and other platforms flag your account, limiting monetization
- Legal action: Rights holders can sue for statutory damages ($10,000-$150,000 per infringement)
- Career damage: Reputation as someone who doesn’t respect copyright; labels avoid you
2. Master Use License: The Recording Rights
What Is a Master Use License?
A master use license grants permission to use a specific recording in your track. It’s the voice, the exact instrumental, the specific production quality of that original song. You’re licensing the recording itself, not the song composition.
Who Owns Master Rights?
- Major labels: Universal, Sony, Warner own most classic recordings
- Independent labels: Smaller labels own master rights to their artists
- Artists themselves: Some artists own their own master recordings
- Rights holders/estates: For deceased artists, estates or trusts control masters
Master Use License Costs
| Sample Type | Artist/Status | Typical Cost | Timeline |
|---|---|---|---|
| Obscure break (1970s funk) | Independent label | $500-$2,000 | 1-2 weeks |
| Mid-tier soul/jazz sample | Major label | $2,000-$10,000 | 2-4 weeks |
| Famous break (Amen, Funky Drummer) | Major label | $10,000-$50,000+ | 3-6 weeks |
| Recent hit song sample | Major label | $25,000-$100,000+ | 4-8 weeks |
| A-list artist sample (rare clearance) | Top-tier artist/label | $50,000-$500,000+ | 6-12 weeks |
What a Master Use License Covers
- Right to use that specific recorded sample in your track
- Use in commercial releases (not just personal projects)
- Streaming, downloads, and physical formats
- Use in videos, films, and other media (sometimes requires additional sync licensing)
Master License Negotiation Points
- Upfront fee: One-time payment (typical)
- Royalty percentage: Sometimes a percentage of net royalties from your track
- Territory: Worldwide vs. specific countries (affects cost)
- Term: Perpetual (forever) vs. limited term (5-10 years)
3. Mechanical License: The Composition Rights
What Is a Mechanical License?
A mechanical license grants permission to reproduce the underlying composition (melody, harmony, lyrics, chord progression). You’re licensing the song itself, not the specific recording. You need this even if you re-record or heavily modify the original.
Who Owns Mechanical Rights?
- Songwriters: The person who wrote the composition owns it (typically)
- Music publishers: Often control mechanical rights through publishing deals
- PROs/CMOs: Performance rights organizations like ASCAP, BMI administer mechanical rights
- Major labels: Sometimes control publishing as part of recording deals
Mechanical License Costs
Statutory Rate (Compulsory License): If the original song was commercially released, you can obtain a “compulsory mechanical license” at a statutory rate set by the U.S. Copyright Office: $0.091 per track (as of 2024).
Translation: For each 1,000 streams of your track (that includes the sample), you owe $91 to the rights holder. This is automatic—you don’t negotiate.
Mechanical License Cost Examples:
• 100,000 streams = $9,100 owed (split between rights holders)
• 1,000,000 streams = $91,000 owed
• 10,000,000 streams = $910,000 owed
Note: If sampling is substantial, negotiate lower percentage with publisher
How Mechanical License Payments Work
You don’t pay the mechanical license upfront. Instead:
- Obtain license (often through Harry Fox Agency, Spotify licensing, or directly)
- Release track with sample
- As streams accumulate, mechanical royalties accrue
- Harry Fox or aggregator collects from platforms monthly/quarterly
- Payments sent to rights holders; remainder goes to you
Negotiating Mechanical License Rates
If you sample heavily or the sample is substantial, you can negotiate a reduced percentage of the mechanical rate:
- Sample is 10% of song: Negotiate 10% of statutory rate = $0.009 per track (not $0.091)
- Heavily modified sample: Negotiate 5-15% of statutory rate
- Minor loop: Negotiate 1-5% of statutory rate
4. Master Use vs Mechanical License: Side-by-Side Comparison
| Aspect | Master Use License | Mechanical License |
|---|---|---|
| Grants Permission To | Use the specific recording/audio | Use the composition (melody, lyrics, chords) |
| Owned By | Record label or recording artist | Songwriter or music publisher |
| Upfront Cost | $500-$100,000+ (negotiated) | $0 upfront (statutory rate applied) |
| Ongoing Cost | Usually one-time fee | Percentage of royalties (statutory: $0.091 per track) |
| Approval Timeline | 2-8 weeks (negotiation + legal) | 1-2 weeks (often automated) |
| Negotiable? | Yes, heavily negotiable | Yes, but compulsory rate is default |
| Refusal Risk | High (labels deny famous samples) | Low (compulsory license required) |
| Critical to Clear? | Absolutely required | Absolutely required |
The Most Common Problem: Ignoring One License
Biggest mistake: Producers clear the master use license (pays the label) and forget the mechanical license (pays the songwriter). Track gets released, gains traction, then the songwriter’s publisher notices and claims 100% of streaming royalties. You earn nothing.
5. Step-by-Step: How to Clear a Sample (8-Step Process)
1
Identify the Original Recording
Find the exact original song you’re sampling. Use Shazam, SoundCloud comment history, or YouTube metadata. Get the artist name, song title, release date, and record label. This is critical—you need the RIGHT version of the song (original pressing vs. remaster vs. cover).
2
Identify Master Rights Holder
Find who owns the master recording. Check: Discogs (shows original label), the album’s liner notes, or search “[artist] [song] master rights holder.” If the label still exists, contact them directly. If label is defunct, rights may be with an estate or collector.
3
Identify Publishing Rights Holder
Find who owns the composition (writing credits). Check: Spotify (songwriter credits), ASCAP.org, BMI.org, or SESAC.org databases. Search the song in the PRO database—it shows the publisher and percentage owners. This tells you who to contact.
4
Request Master Use License
Contact the master rights holder (label or rights agency). Send professional request email with: track preview, sample duration, proposed use, release plan (streaming, physical, sync). Wait for quote (typically 1-2 weeks). The label will either quote a price or decline.
5
Request Mechanical License
Contact the publisher or use Harry Fox Agency (if song is registered there). Request compulsory mechanical license. Provide: song title, artist, your track info, expected release date. Publisher responds with rate (usually statutory or negotiated percentage).
6
Negotiate Terms (If Needed)
If upfront master license fee is high, negotiate: “Can we reduce to $2,000 flat fee?” or “Can we do 50-50 on net royalties instead?” Publishers often negotiate mechanical rates: “Sample is 5% of song—can we pay 5% of statutory rate?” Get everything in writing.
7
Sign License Agreements
Review contracts carefully (or have lawyer review for $300-500). Sign both master and mechanical license agreements. Ensure they specify: territories (worldwide recommended), format (digital, streaming, sync), term (perpetual or limited). Pay any upfront fees.
8
Release & Monitor Royalties
Release your track confidently—you’re now legally clear. Register your track with your aggregator/distributor. As streams accumulate, mechanical royalties flow to the rights holder. Monitor that payments are being made correctly. Keep license agreements for reference.
Timeline Reality
Best case (obscure sample, cooperative label): 2-3 weeks
Average case (mid-tier sample): 3-5 weeks
Difficult case (famous sample, negotiation needed): 6-8 weeks
Worst case (label refuses, find alternative sample): Start over
Total realistic timeline: 20-40 days from identification to release
6. Real-World Sample Clearance Costs: 5 Scenarios
Scenario 1: Obscure Soul Break (Indie Label)
Master use license: $800 (indie label, cooperative)
Mechanical license: Statutory rate ($0.091 per stream)
Expected streams (first year): 100,000 = $9,100 mechanical royalties
Total cost: $800 upfront + royalties
Assessment: Affordable. Most producers at this level would proceed.
Scenario 2: Classic Funk Break (Major Label)
Master use license: $8,000 (major label, sought-after sample)
Mechanical license: Negotiated to 10% of statutory = $0.009 per stream
Expected streams (first year): 500,000 = $4,500 mechanical royalties
Total cost: $8,000 upfront + royalties
Assessment: Reasonable for producers expecting significant traction.
Scenario 3: Recent Hit Song (Major Label, Refused)
Master use license: REFUSED by label (template: “No sample clearances”)
Mechanical license: Not relevant—clearance denied
Total cost: $0, but track cannot be released
Assessment: Major artists often don’t approve samples. Need alternative approach.
Scenario 4: Heavily Sampled Track (Complex Negotiation)
Master use license: $25,000-$50,000 (upfront negotiation)
Mechanical license: Negotiated to 8% of statutory = $0.007 per stream
Expected streams (first year): 1,000,000 = $7,000 mechanical royalties
Total cost: $25,000-$50,000 upfront + royalties
Assessment: Only viable if you expect significant success or have funding.
Scenario 5: Original Composition Sample (Lowest Risk)
Master use license: N/A (you’re not using original recording)
Mechanical license: Statutory rate ($0.091 per stream)
Expected streams (first year): 500,000 = $45,500 mechanical royalties
Total cost: $0 upfront, only mechanical royalties
Assessment: Cleanest approach if you can recreate the sample.
Total Sample Clearance Budget Estimate
- Indie producer (affordable sample): $500-$2,000 upfront
- Mid-level producer (decent sample): $5,000-$15,000 upfront
- Professional producer (desirable sample): $25,000-$100,000 upfront
7. Sample Clearance Services: Who Does the Work For You
Do You Need a Clearance Service?
If you’re experienced with legal documents and reaching out to rights holders, you can DIY. If you want someone to handle the legwork, clearance services exist for that:
Major Clearance Services
| Service | What They Do | Cost | Best For |
|---|---|---|---|
| Tracklib | Pre-cleared sample library + clearance assistance | $9.99/mo library, clearance fees vary | Producers wanting pre-cleared samples |
| Splice | Sample library with licensing built-in | $7.99-$14.99/mo subscription | Producers wanting simple licensing included |
| Audiam | Handles publishing claims + royalty collection | 20% of royalties collected | Creators wanting automated royalty management |
| Harry Fox Agency | Obtains mechanical licenses on your behalf | $0 upfront, percentage of mechanical royalties | Producers needing mechanical licenses |
| Clearing House Agencies | Handle entire clearance process | 10-20% of licensing fee or flat $1,000-$5,000 | Artists wanting professional clearance |
DIY vs Service Comparison
DIY Clearance
✓ Save 10-20% on costs
✓ Direct control
✗ Takes 40+ hours of research
✗ Risk of missing rights holders
✗ Complex negotiations
Best if: You have time and experience
Clearance Service
✓ Handles all legwork
✓ Expert negotiations
✓ Less legal risk
✗ Costs 10-20% more
✗ Timeline slower
Best if: You value time and peace of mind
8. Real-World Example: Kanye West’s “Gold Digger” Sample Clearance
Kanye West’s hit “Gold Digger” (2005) samples Ray Charles’ classic “I Got a Woman” (1954).
Master use license: Ray Charles estate/label (Atlantic Records). Estimated cost: $10,000-$50,000+ (exact figures not public, but major label clearance is expensive).
Mechanical license: Ray Charles Publishing. Estimated cost: Statutory rate or negotiated percentage.
Result: “Gold Digger” became a multi-platinum hit. Streaming revenue: 500+ million streams = $50+ million in total revenue to various parties. Ray Charles’ heirs benefited significantly from mechanical royalties.
Even A-list producers with major label backing must clear both licenses. Kanye couldn’t release without approval from both the label (master) and publishing (composition). The clearance process is non-negotiable at any level.
9. 7 Common Sample Clearance Mistakes (& How to Avoid Them)
Mistake #1: Clearing Only the Master License
Problem: You get approval from the record label, skip the publisher, release the track. Publisher notices months later, claims your entire streaming revenue. You earn nothing.
Solution: Clear BOTH licenses before releasing. Make a checklist: [ ] Master license signed [ ] Mechanical license signed. Don’t proceed without both.
Mistake #2: Clearing Only the Mechanical License
Problem: You get mechanical license from publisher, skip the label. Label sends cease-and-desist. Your track is removed from all platforms. You must pay damages.
Solution: Contact the label (master holder) FIRST. They’re typically harder to reach, so start with them. Once they approve, contact the publisher.
Mistake #3: Not Identifying the Correct Label
Problem: You find the wrong pressing or reissue of a song. The master is owned by label A, but you contact label B. Label B directs you elsewhere. Months of delays.
Solution: Use Discogs.com to verify the original label and any reissues. Call the original label first—they’ll tell you if they still own it.
Mistake #4: Ignoring Consent From Co-Publishers
Problem: Song has multiple publishers (2-3 people own publishing shares). You clear with one, ignore others. The other publisher claims infringement. Lawsuit.
Solution: Check the publishing credits in the PRO database. If multiple publishers exist, get approval from ALL. Harry Fox Agency can help with this.
Mistake #5: Releasing Before Clearance Is Final
Problem: Label says “we’ll work it out,” but never finalizes the contract. You release the track. Months later, label demands payment. By then, you’ve already distributed and made minimal income.
Solution: Don’t release until you have signed contracts from both licensor. Unsigned agreements = no protection.
Mistake #6: Using Samples From Songs With Complex Rights
Problem: Sample a song that’s part of a soundtrack or compilation. Rights might be held by 5+ different entities. Clearance becomes impossible.
Solution: Stick to standalone released songs (albums, singles). Avoid compilation albums, soundtracks, or songs with unclear ownership.
Mistake #7: Not Getting Permission in Writing
Problem: Label tells you verbally “it’s fine.” You release. Later, label says they never approved and demands removal. You have no evidence of permission.
Solution: Get everything in writing. Email confirmations count. Signed contracts are better. Never rely on verbal approval alone.
10. Red Flags: What NOT to Agree To in Sample Clearance Contracts
🚨 Red Flag #1: “Perpetual Rights to Edit Your Music”If contract says the label can edit or modify your track without approval, that’s dangerous. Demand: “Artist approval required for any modifications.”
🚨 Red Flag #2: “Rights for Derivative Works Forever”If contract says they own rights to any songs you make using that sample in the future, you’ve given away too much. Limit rights to the specific track.
🚨 Red Flag #3: Vague Territory Language“Worldwide” means you can release everywhere. “North America only” means you can’t sell in Europe. Be explicit: “License grants worldwide rights in all territories.”
🚨 Red Flag #4: “Label Owns Underlying Composition Rights”Some contracts try to claim they own the publishing to YOUR track. Never agree. You own your composition. They own rights to their sample only.
🚨 Red Flag #5: No Mechanical License MentionedIf the contract only covers master rights (their recording), you still need mechanical license from the publisher. Ensure contract acknowledges this requirement.
🚨 Red Flag #6: “No Sample Clearance” ClauseSome labels outright refuse all sample clearances: “Artist will not clear samples of our catalog.” This is a hard no. Move on to a different sample.
🚨 Red Flag #7: Payment Terms Are Refundable Upon ReturnIf label says you can get a refund if you don’t use the sample within 6 months, that’s fine. But if they can demand refund after you release, that’s bad. Ensure terms are final: “Non-refundable upon signing.”
11. Post-Clearance Royalties: How Money Flows After Release
How Sample Clearance Royalties Work
After you clear a sample and release your track, money flows in two directions:
Revenue Flow Example: 1,000,000 Spotify Streams
| Royalty Type | Amount | Goes To | You Receive |
|---|---|---|---|
| Total Spotify payout | $4,000 (avg) | Your aggregator | Splits begin here |
| Master use royalties (50%) | $2,000 | You + sampled artist’s label | You keep (no additional payment—already cleared upfront) |
| Mechanical royalties (statutory: $0.091/stream) | $910 | Publisher of sampled song | You keep the difference if negotiated |
| Performance royalties (via PRO) | $500+ (varies by country) | Split: You + sampled artist | Collected via ASCAP/BMI (automatic) |
Tracking Mechanical Royalties
How mechanical royalties are collected:
- Your aggregator reports track to Harry Fox Agency/PRO
- Streaming platforms report streams to Harry Fox
- Harry Fox calculates mechanical royalties owed (streams × $0.091)
- Harry Fox pays the publisher; publisher pays original songwriter
- You get a statement showing mechanical royalties collected
Key point: You don’t pay mechanical royalties out of pocket. They’re collected from streaming platforms and distributed. Monitor your statements to verify accurate payments.
Monitoring Your Royalties
- Use your aggregator dashboard to track streams and royalties
- Check Harry Fox Agency monthly reports for mechanical license payments
- Verify that mechanical rates match your clearance agreement (statutory vs. negotiated)
- If rates are wrong, contact Harry Fox immediately with your license agreement
12. Sample Clearance FAQ: Your Questions Answered
Your 5-Step Sample Clearance Action Plan
- Identify your sample: Shazam it, find the exact artist/title/year. Write down: artist name, song title, release date, original label.
- Find the master rights holder: Check Discogs, call the original label, or search “[artist] [song] master rights.” Email them with a professional clearance request.
- Find the publishing rights holder: Search ASCAP.org, BMI.org, or Songview.com for the song. Find the publisher and songwriter. Email them requesting mechanical license.
- Negotiate and sign: Get quotes from both. Negotiate if needed (especially master license). Sign both agreements before releasing. Keep copies.
- Release and monitor: Upload to your aggregator with confidence. Monitor mechanical royalties monthly. Verify amounts match your clearance agreement.
Conclusion: Samples Are Legal When You Clear Them
Sample clearance isn’t mysterious or impossible—it’s a straightforward two-step process: get master use license from the label, get mechanical license from the publisher. Yes, it takes time (3-5 weeks typical). Yes, it costs money ($500-$25,000 depending on sample rarity). But it’s far cheaper than the legal consequences of using uncleared samples.
The producers winning in 2025 understand this: Cleared samples = released tracks = streaming income. Uncleared samples = removed tracks = zero income (or worse, lawsuit).
Start with step 1 today: identify your sample exactly. Find the label and publisher. Reach out. Most will respond within 1-2 weeks. Within 30 days, you could have signed agreements and be ready to release legally.
Your music deserves to be heard. Make sure it’s cleared first.