{"id":5005,"date":"2016-04-04T10:47:53","date_gmt":"2016-04-04T15:47:53","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/smallbusiness\/intellectual-property\/obtaining-permission-before-sampling-music.html"},"modified":"2024-05-22T03:01:37","modified_gmt":"2024-05-22T08:01:37","slug":"obtaining-permission-before-sampling-music","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/smallbusiness\/intellectual-property\/obtaining-permission-before-sampling-music.html","title":{"rendered":"Obtaining Permission before Sampling MusicB"},"content":{"rendered":"\n
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Obtaining Permission Before Sampling Music<\/h1>\n
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\n By Taylar-Simone McCants, J.D.<\/a> | Legally reviewed by Amber Sheppard, Esq.<\/a>\n | Last reviewed\n
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Are you a songwriter trying to remix your new song with an old hip-hop classic? Are you an artist trying to create a cover song? Do you want to know more about the music industry? You may wonder what legal permissions you need before using someone else’s song. This article will cover the nuances of obtaining consent before sampling music.<\/p>\r\n

Sampling music is the act of reusing a part of another\u00a0sound recording<\/a>. Many musicians sample others’ music, whether unique percussion combinations, vocal hooks, or distinguishable guitar riffs.<\/p>\r\n

By\u00a0obtaining permission<\/a>\u00a0from the original musician or owner of the rights to the music, many musicians can avoid legal trouble, such as an\u00a0injunction<\/a>\u00a0not to use the sample or even monetary damages. Obtaining permission for music sampling can be tedious but will save you from legal action you could face if you sample without permission. Here are some tips to get permission before sampling music.<\/p>\r\n

Music Copyright Protection<\/h2>\r\n

Copyright protection<\/a>\u00a0gives a creator of an original work exclusive rights over its use and distribution. Music copyright refers to the legal protections of musical compositions and sound recordings. Music copyright covers the composition and any recorded performance of the composition.<\/p>\r\n

Sample Clearance and Licensing to Avoid Copyright Infringement<\/h2>\r\n

Sample clearance refers to the process of\u00a0getting permission from the owners<\/a>\u00a0of the copyrighted music. The artist asks permission to sample the copyrighted music in a new song.<\/p>\r\n

To get these sample clearances, you will first need to find the\u00a0copyright owners<\/a>\u00a0of the song and master recording. Sampling music requires two sample clearances:<\/p>\r\n