Should you clear that sample?

Answer a few questions about your project. You will get a risk level and specific next steps. This is not legal advice, but it helps you think through what matters.

What are you sampling or adapting?

Examples: "Dreams" by Fleetwood Mac, "The Wizard of Oz" (1939), a 1972 funk breakbeat

Step 1 of 7

What type of original work is it?

Step 2 of 7

When was the original published?

Step 3 of 7

How much of the original do you plan to use?

Step 4 of 7

Is your use commercial?

Step 5 of 7

How transformative is your new work?

Step 6 of 7

Does the original have a known license or status?

Step 7 of 7

Will your use affect the market for the original?

Glossary

Mechanical license: Permission to reproduce and distribute a musical composition. Needed for covers and permanent downloads.
Sync license: Permission to pair music with visual media. Required for YouTube videos, films, and ads.
Master use license: Permission to use a specific recording of a song. Separate from the composition rights.
Transformative use: When a new work adds new meaning, message, or expression rather than just copying the original.
Fair use: A legal doctrine that allows limited use of copyrighted material without permission for purposes like commentary, criticism, or parody. It is a defense, not a permission slip.
Public domain: Works not protected by copyright. In the US, works published before 1929 are generally free to use.
Orphan work: A copyrighted work whose rights holder cannot be identified or located. Use still carries legal risk.

Scenario examples

Low risk: You use a two-second drum hit from a 1974 funk track in a parody song. The hit is heavily processed and unrecognizable. The parody comments on the original artist's public statements.

Medium risk: You loop a four-bar vocal phrase from a 2015 pop song under your own beat. The vocal is still clearly the original singer. You plan to upload to SoundCloud with no ads.

High risk: You lift the entire chorus of a chart-topping 2023 hit, keep the melody intact, and plan to sell the track on streaming platforms.

Common mistakes

Assuming credit equals permission. Giving credit to the original artist does not replace clearance.
Thinking "I will just take it down if they complain." Takedowns can happen after damage is done, and platforms may penalize repeat offenses.
Believing that using under 30 seconds is always safe. There is no magic time limit in copyright law.
Confusing composition rights with master rights. A song often has multiple rights holders.
Assuming that because something is online, it is free to use. Uploading does not transfer copyright.

Real-world clearance scenarios

Low risk

Podcast intro using a film quote

You use a two-second line from a 1980s movie as your podcast intro. The quote is used ironically and you add commentary before and after it. The podcast is free with no ads.

Key factors: Very short clip, transformative context, non-commercial, unlikely to affect the film's market.

Medium risk

YouTube beat flip of a 90s R&B hook

You recreate the vocal melody of a 1995 R&B hit with your own voice and a new instrumental. The original song is clearly the foundation. The video is monetized on YouTube.

Key factors: Recognizable melody, commercial use, moderate transformation. A sync license and possibly a mechanical license would be the safe route.

High risk

Sampling a current hit for a commercial release

You take the main synth riff from a 2024 chart-topper, pitch it slightly, and build a dance track around it. You plan to distribute on Spotify and Apple Music.

Key factors: Substantial use of a recent commercial work, minimal transformation, direct market competition. Clearance is almost certainly required.

Low risk

Using a public domain folk song in a short film

You arrange a traditional folk song from the 1800s for your indie film. The composition is in the public domain, though a specific modern recording of it would still be protected.

Key factors: Public domain composition, original arrangement. You own your new recording but not the underlying melody if it is a traditional tune.

Edge cases worth knowing

Creative Commons tiers

Not all Creative Commons licenses are the same. CC BY only requires attribution. CC BY-NC forbids commercial use. CC BY-ND does not allow derivatives at all. Always check the specific license attached to the work.

Orphan works

If you cannot find the rights holder after a documented, good-faith search, the work is considered an orphan. Some countries have systems for this, but in the US, using an orphan work still carries risk. Document your search process carefully.

Sound-alikes and interpolation

Re-recording a melody or lyric yourself (rather than sampling the original recording) avoids master use rights but may still require a composition license. Interpolation is not a loophole.

Platform content ID systems

YouTube, TikTok, and SoundCloud use automated systems that can flag or monetize your content on behalf of rights holders. A Content ID claim is not a lawsuit, but it can block your video or redirect your revenue.