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No. 27Rights & Licenses
Also called sample clearance, interpolation rights, sample licence
The obligation to clear samples of third-party recordings, and who bears the cost.
Watch closely
Uncleared samples can block release; clearance costs if unaddressed in the contract become the artist's burden.
Using a sample of a third-party recording requires clearance from both the master recording owner and the publishing rights holder. Clearance costs vary widely and are typically the artist's responsibility unless the contract specifies otherwise. Uncleared samples can result in the recording being pulled from release.
Sample clearance costs and responsibilities must be clearly defined. An artist who samples heavily must know in advance whether the label will cover clearance costs or whether they come out of the recording budget.
The same clause is drafted three ways. These are the positions we see, worst first, so you can tell at a glance which one is in front of you.
The drafting language and the negotiation moves for this clause are part of the workspace.
You have read what the clause means and where the risk sits. The rest is the side-by-side of how it reads when it is against you and when it is not, plus the specific moves that get it there.