My current location: Los Angeles, CA | Change location
Featured Attorneys
Highly Skilled Intellectual Property Attorneys Representing Businesses Nationwide. All Areas of IP Law. 1-888-WHGCLaw(944-2529)
1-888-WHGCLaw

Getting Permission for Sampling Others' Work


How to Obtain Sample Clearance

Here are some ways an independent artist can obtain sample clearance:

  • Find the copyright owners. The first step in obtaining permission is to locate the copyright owner(s) of both the song and the master recording. The song and the master recording will often be owned by different entities, and you need permission from both of them. Since it's always easiest to find the music publisher, you should start there. The best way to locate a publisher is through performing rights organizations, such as BMI or ASCAP. These groups collect money for radio, TV, and other public performances of songs. (In Canada, the performing rights organization is The Society of Composers, Authors, and Music Publishers of Canada (SOCAN).)

    You can locate the key information on the Internet by visiting the performing rights society web sites (http://www.bmi.com, http://www.ascap.com, or http://www.socan.ca) and determining which organization controls rights for the source song. (You may also find help at the Harry Fox website at http://www.harryfox.com.)

    Some detective work may be required. BMI's searchable database includes more than 20 entries, for instance, for songs titled "Yesterday." If you can't locate the song you're looking for online, try phoning the performing rights organizations and ask for the "song indexing" department. Once you have the publisher's name and address, phone or write the publisher to determine if they will grant clearance for the source music. Many publishers, unfortunately, have a policy not to grant permission for sampling.

     
    Show Them the Money

    If you're an independent or unsigned artist, you may be able to overcome the "never heard of you" syndrome by offering to make the payment up-front. If you show them that you can write the check to pay the advance, they'll be more inclined to deal with clearance.

    If the publisher can't lead you to the owner of the master recording, you can check online record stores or the Phonolog directory at your local record shop to find the record company that is currently releasing the source music. Locating master owners may prove troublesome -- record companies may fold or sell their copyrights to other companies. In addition, rights in masters may revert to the original artists after a number of years. In that case, you may have to use the assistance of a clearance expert or sampling consultant.

  • Copyright 2006 Nolo

    Featured Attorneys
    Premier Full-Service Intellectual Property Law Firm serving all of Southern California.
    310-275-6946
    Copyright, Trademark and Entertainment Law.
    (310) 859-0100
    Oswald & Yap Serving Los Angeles and Orange Counties www.oswald-yap.com
    Experienced & Effective Representation: Trademark, Patent, Copywrite and Licensing Matters.
    (949) 788-8900
    Sponsored Services
    Copyrights, patents & trademarks.
    Protect your invention, logo or brand. Affordable guides and forms available to help you.
    More Sponsored Services
    Incorporate Online:
    LLCs, Corporations, Corporate Dissolutions, Aged Shelf Corporations. We will beat any competitor's price on Registered Agent or Incorporation services!
    Incorporate/Form LLC Online:
    - Order LLCs or Corporation, Registered Agent, Trademark, or Dissolution Service or buy Corporate Kits & Seals. One stop shopping!
    Form a Corporation
    Legal Ace.com has the turn key online system to make starting a corporation easy and affordable.
    Incorporate Online - Legalzoom:
    Form a corporation or LLC quickly and easily. From LegalZoom, the #1 legal document service.