Music Sample Clearance Agreement Template - Composition
You sampled someone's song — their composition, their melody, their lyrics — and now you need to clear it before anyone hears your track. This Music Sample Clearance Agreement Temp late handles the publishing/composition side of a sample clearance: it licenses the underlying musical work from the copyright owner (usually the publisher or songwriter), defines the sample fee or royalty, and gives you documented authorization to use the composition in your new recording. Drafted by an entertainment attorney who has handled sample clearance transactions for independent artists and producers. What's Included Understanding Sample Clearance: Two Sides Composition vs. Master — Every recorded sample requires two separate clearances: (1) the composition (the underlying song — melody, lyrics, musical arrangement) and (2) the master recording (the specific recorded version you sampled). This template clears the composition side only. If you need to clear the master recording as well, see the Master Recording Sample Clearance Agreement. Who Owns the Composition — The composition is typically owned by the songwriter(s) and/or their publisher. This agreement is executed with whichever party controls the publishing rights. License Grant Description of Sample — Specifically identifies the original composition being licensed, including song title, songwriter(s), and publisher, and describes the portion being sampled. Description of New Work — Identifies your new track (working title, your artist name, intended release format) that incorporates the sample. License Scope — Non-exclusive license to use the sampled composition in your new recording; the original copyright owner retains all other rights. Territory — Worldwide license, or limited to specific territories if your release is region-specific. Term — Perpetual license (standard for cleared samples) or time-limited if that's what's negotiated. Compensation Flat Fee Option — A one-time upfront payment for the composition license (most common for smaller indie releases). Royalty Option — The copyright owner receives a percentage of publishing income generated by your new work (common when the sample is a significant portion of the composition). Co-Publishing Option — If the copyright owner insists on a share of the new composition's copyright rather than a flat fee, this section addresses co-publishing participation. Minimum Guarantee — Optional minimum payment regardless of whether royalty thresholds are met. Usage Restrictions & Approvals Permitted Uses — Defines how the new recording can be released and exploited (streaming, downloads, sync, physical, live performance). Approval Over New Recording — Addresses whether the licensor has approval rights over the final version of your track before release. Modification Restrictions — Specifies any restrictions on how the sampled portion can be altered, filtered, or incorporated into the new work. Credit & Attribution Credit Line — Required songwriter credit and copyright notice for the sampled composition (e.g., "Contains a sample of '[Song Title]' written by [Songwriter], published by [Publisher]"). PRO Credit — How the sampled composition's share is reflected in your new work's PRO registration and royalty statements. Standard Legal Protections Warranties — Licensor confirms they control the composition rights and have authority to grant the license. Indemnification — Protection for both parties against claims arising from each party's representations. Governing Law — Your choice of jurisdiction; enforceable in all U.S. jurisdictions. Common Mistakes This Template Helps You Avoid ❌ Releasing a track with an uncleared sample — Streaming platforms routinely take down music with uncleared samples. Publishers actively monitor DSPs and will file copyright infringement claims — with statutory damages up to $150,000 per work for willful infringement. ❌ Thinking one clearance covers both sides — Clearing the composition does not clear the master recording, and vice versa. You need both clearances before your track is legally safe to release commercially. ❌ No credit language — Most sample licenses require a specific credit line in the track's metadata, liner notes, and streaming profiles. Missing credits can void a license or trigger additional claims. ❌ Verbal clearance from the artist — The artist rarely controls the composition — their publisher does. An artist saying "sure, use it" means nothing legally if they've assigned their publishing. You need written authorization from the rights holder. ✅ This template creates the written, documented authorization you need to release your track without looking over your shoulder. Who This Is For Producers & beatmakers — who sampled a recognizable composition and need documented clearance before the track is submitted for distribution. Independent artists — releasing music that interpolates or directly samples someone else's melody or lyrics and needing the composition side cleared. Indie labels — releasing music containing samples and needing clean licensing documentation in the chain of title before distribution agreements are signed. Music supervisors — clearing samples embedded in tracks being licensed for TV, film, or advertising, where full chain of title documentation is required. Frequently Asked Questions What's the difference between this and the Master Recording Sample Clearance Agreement? This template clears the underlying song — the composition, melody, and lyrics owned by the songwriter and/or publisher. The Master Recording template clears the specific recorded version of the song you sampled — that's owned by the record label or whoever owns the master. For a complete sample clearance, you typically need both agreements. Some indie releases only need the composition clearance if they're using an interpolation or re-recording, not the original master. How do I find out who owns the composition I sampled? Search the ASCAP, BMI, or SESAC databases — all publicly available. For older works, check the U.S. Copyright Office database at copyright.gov. Publishers can also be found through services like SongFile (Harry Fox Agency) for mechanical license information. What if the publisher won't clear the sample? If a publisher declines to license, you have two options: remove the sample or create an interpolation (re-record the sampled portion with original musicians, which clears the master side while still requiring composition clearance). This template cannot compel anyone to license — it's used once the license is negotiated and agreed to. Can I use this template for an interpolation? An interpolation — where you re-record a portion of a song rather than lifting the original recording — still requires composition clearance, and this template covers it. The master recording clearance is not needed for an interpolation since you're creating a new recording of the composition. What Happens After Purchase ✅ Instant Download — Word (.docx) file delivered immediately after checkout. ✅ Fully Editable — Fill in song titles, publisher names, license fee, and deal-specific terms directly in Microsoft Word or Google Docs. ✅ Attorney-Drafted — Covers both flat fee and royalty structures; includes the credit language publishers typically require. ✅ Reusable — Use for every composition clearance you need to execute. Also available: Music Sample Clearance Agreement - Master Recording to clear the other side of the sample. Need help navigating a specific sample clearance? Email [email protected] *DISCLAIMER: This template is provided as a starting point and does not constitute legal advice or create an attorney-client relationship. Sample clearance involves complex copyright questions. For high-profile samples, significant releases, or samples where the licensor is unresponsive, consult a qualified entertainment attorney before proceeding.
