Reuse & Derivatives
Sampling
Sampling reuses the actual recording of another track, so it touches two copyrights: you must clear both the master (from the recording owner) and the composition (from the publisher).
Where this sits
Sampling
- Distribution
- Broadcast
- Publishing
- Performance
A sample copies the actual recorded sounds of an existing track, so it touches both copyrights in that track: the sound recording and the composition. There is no compulsory license for either; you negotiate a master-use license with the recording owner and a license with the publisher.
Good to know
Sampling: common questions
- Can I use a tiny sample without clearing it?
- Don't rely on it. One federal circuit allows a "de minimis" defense for very short samples; another rejects it outright. The industry-standard, litigation-safe approach is to clear every sample on both the master and composition side.
- Who gets paid when I clear a sample?
- Both the owner of the original recording (a master-use license) and the original songwriter and publisher (the composition), typically a fee plus a negotiated share of your track’s royalties and/or ownership.