by Attorney Richard Stim

Here's how to obtain permission to use samples in your music.

If you plan to use samples in your musical compositions, you may need to get permission to avoid legal trouble. Unfortunately, getting permission is not always easy. Here are some ways an independent artist can obtain sample clearance.

Find the Copyright Owners

The process of getting permission from the owners of the sampled music is referred to as "sample clearance." When you sample music from a pop recording, you need two clearances:

• one from the copyright owner of the song -- usually a music publisher, and
• one from the copyright owner of the master tapes -- usually a record company.

The first step in obtaining per­mission is to locate the copyright owner(s) of both the song and the master recording. Start with the publisher, as that is usually the easiest one to find.

How to Find the Music Publisher

The best way to locate a publisher is through performing rights organizations, such as Broadcast Music Incorporated (BMI) or the American Society of Composers, Authors, and Publishers (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).)

• Locate the key information on the Internet by visiting the performing rights society web sites (www.bmi.com, www.ascap.com, or www.socan.ca) and determining which organization controls rights for the source song. (You may also find help at the Harry Fox website at www.harryfox.com.)
• Use BMI's searchable database to find the source song.
• If you can't locate the song online, phone the performing rights organizations and ask for the "song indexing" department.

Once you discover the publisher of the source music, contact it and ask if it will grant clearance for the source music. Many publishers, unfortunately, have a policy not to grant permission for sampling.

How to Find the Master Owner

Here are some ways to find the owner of the master recording:

Ask the publisher.

Find the record company that currently releases the music. Ask the record company that is currently releasing the source music. To find this company, check:

• online record stores, or
• the Phonolog directory at your local record shop.

Locating master owners may prove troublesome -- record companies often fold or sell their copyrights to other companies. In addition, sometimes rights in masters 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.

Use a Clearance Expert. For an hourly fee, sampling consultants will guide you through the clearance process -- reviewing your use of samples and advising you of the expected budget and potential problems. Consultants can save you time and money because they're familiar with the procedures, costs, and key people who license rights at the major music publishing and record companies.

What to Do If You Can't Get Sample Clearance

Sometimes, all fails and you can't find the master owner of the music, or it won't provide clearance to use the sample. Here are some alternatives to getting sample clearance.

Recreate the Sample

Some artists avoid paying part of the sample clearance fee by re-recording the sampled section. You still need permission from the music publisher, but not from the owner of the master recording.

How does this work?