Watch: Have a cracking demo that uses a sample? Follow these steps.
You need permission to legally sample someone’s work in your track
Two types of permission – from the owners of the composition (words & lyrics), and owners of the master recording
Be sure to get your permission in writing
Sampling is a powerful way of giving a song new energy or flavour. Songmakers may also use samples to act as a counterbalance to the song’s predominant emotion, to create an entirely different musical direction. ‘Samples’ can be either melodic or beats.
Sampling is the act of taking a portion or ‘sample’ of either a pre-existing sound recording or a new field recording and using it in a new musical work. It is a technique that is very commonly used in pop, hip hop & rap and EDM.
Sampling is similar to remixing. Learn more here.
You’ll need written permission from the sample’s copyright owner(s) to legally use the sample/s in your track. It doesn’t matter how much you’re sampling, and it doesn’t matter if you speed up or slow down the original track.
Remember, there are two types of copyright in music:
You can search the APRA AMCOS Song Catalogue to find the copyright owners of the words and music. Once you’ve done that, we can help you contact the copyright owners of the musical work. These will be songwriters and/or music publishers.
To find out the sound recording copyright ownership details, contact ARIA for more information, or alternatively try Spotify credits, Jaxsta, or the record’s liner notes.
Very often when copyright owners grant permission to have their work sampled, they will also request royalty percentage shares in the new track. Again, make sure you get this arrangement in writing.
We encourage you to thoroughly read through the terms and conditions within all websites, especially where they offer “royalty free” music use. Permission for non-commercial use of beats and samples is common in website terms however, once the song is released for commercial purposes, you would find the original writer/s are entitled to receive credit and songwriter royalties.
Learn more about third-party platforms in our ‘Registering & Selling Your Beats’ article.
If someone approaches you for permission for a sample, refer them to your label, publisher or speak with Arts Law to figure what’s best for your situation.
You need written permission from the original songwriters or their publishers to claim a share of songwriter royalties on your remix. You can’t register your remix with us unless you can show that you’ve got permission from everyone involved.
Very often the owner of the original song will provide permission for your remix to be commercially released so long as they retain the copyright and songwriter royalties in the remix. In this instance, the royalties for the remix will be paid to the songwriter and music publisher of the original song.
If permission is granted for you to claim a percentage of royalties for your remix, email us a copy of this permission along with your remix registration details. You should also provide the remix recording ISRC to the copyright owners so that they can add this remix to existing work registration.
Troye Sivan’s track ‘Got Me Started’ features a lead synth sample for Bag Raiders’ track ‘Shooting Stars’.
Troye Sivan - Got Me Started
Bag Raider - Shooting Stars
Hear Sivan speak about the process of getting the sample cleared.
We've got them answered.
What's the difference between a remix and a cover?
A cover is a performance or new recording of a song that was written and previously performed by someone else. It does not involve any significant changes to the underlying musical work.
A remix is a new song that uses parts or samples of a previously written song. It may also contain new material composed by the remix artist.
What is an ISRC and where can I get one?
The International Standard Recording Code (ISRC) is how your sound recordings and music video recordings are recognised wherever and whenever they're played. Adding your ISRCs to your work's registration details makes it easier for us to get you royalties quickly and accurately. However, an ISRC is not a compulsory requirement for an APRA work registration.
APRA AMCOS does not issue ISRCs, ARIA does. To find out more or apply for an ISRC, please email [email protected] or visit the ARIA website.