Clearance
The legal process of obtaining permission to use copyrighted material like samples or compositions.
Definition
Clearance is the process of obtaining legal permission to use copyrighted material in new works—most commonly samples, but also cover songs, interpolations, or any unlicensed use of protected content. Clearance involves identifying rights holders, negotiating terms, and documenting agreements.
For samples, both master recording and composition rights must be cleared separately. Terms might include upfront fees, ongoing royalty splits, or combinations. Clearance specialists and attorneys navigate these negotiations for complex situations.
Why It Matters
Releasing music with uncleared copyrighted material exposes artists and labels to legal action, financial liability, and forced removal. Clearance before release is essential for commercial releases.
Clearance costs influence creative decisions—some samples aren't worth clearing, leading producers to create original elements or find alternatives.
Examples in Practice
A clearance negotiation results in giving the original songwriter 25% of the new song, deemed worth it for the sample's iconic recognition.
An artist's album release is delayed three months while clearance for a key sample is negotiated with a difficult estate.
A producer specializes in creating "sound-alike" elements that capture sample vibes without requiring clearance.