Yes. In order to legally make use of songs and recordings you do not own or control, and which have been sampled in your recording, you must obtain the consent of the owners of the copyright in each of those songs, as well as the consent of the owners of each of the recordings you have used.
We suggest you start by contacting the record company that released the recording(s) you wish to sample in order to obtain a ‘master rights’ license. Once you have obtained the master rights licence, you must then obtain the music publisher’s permission to sample the musical work. You may contact the publisher directly but providing a letter explaining your project and a copy of the master rights licence. Your letter should include:
a) the title of the musical work
b) a description of the use, i.e. how long the sample is
c) how many times it is used
d) duration of the sample
e) where it appears in your recording and which other songs are being used in your recording
f) any other pertinent information
Most music publishers and record companies are willing to license sample usage, but their terms and conditions can vary widely. Clearing samples can be a time-consuming process, so it is best to allow yourself ample time to complete the necessary licensing. If permission is granted, you will then need to submit a mechanical licence application pursuant to CMRRA’s “Pay-As-You-Press” method, including a copy of the publishers’ authorization.
