Let's say you want to use a six-second sample from "Green Onions." Instead of sampling the original recording, you play the parts yourself and re-record the music to sound exactly like the original. In that case you have not infringed the master recording. (Due to a quirk in copyright law, you can only infringe a master recording if you actually copy it -- not if you imitate it). You don't need permission from the master owner.

Find Sample-friendly Copyright Owners

Some copyright owners are happy to clear samples -- so much so that they encourage the process. Seek these out.

For example, copyright owners of songs by the Average White Band and the Gap Band pro-actively seek to promote their music for sampling. Tommy Boy Records also makes it easy to acquire clearances.

Contact the Artist or Songwriter Directly

If you run into problems with a music publisher or owner of a master, you may have better luck contacting the artist directly. This works if the artist still has some say or control in what gets cleared.

For example, Shirley Manson of Garbage wanted to use the line, "You're the talk of the town," at the end of a song. Lawyers for the band ordered her to drop it, but Shirley called up Chrissie Hynde, who sent the following letter to Garbage's attorneys: "I, Chrissie Hynde, hereby allow the rock band Garbage to sample my songs, my words, and indeed my very ass."

For step-by-step directions on how to get sample clearance, and comprehensive information on many issues facing your band, read Rich Stim's Music Law: How to Run Your Band's Business (Nolo).