What happens if I release a song with an uncleared sample?
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Releasing a song with an uncleared sample is an infringement of two separate copyrights: the sound recording (master) and the underlying composition (publishing). Doing so puts you at high risk for automated takedowns, loss of all royalty income, and potential legal action from major labels or publishers. Independent artists are not 'too small' to be caught; Content ID systems now scan for even short, manipulated snippets automatically.
- 1.Anticipate a 'Takedown Notice' from distributors or streaming platforms, which can lead to a permanent strike against your account or the removal of your entire catalog.
- 2.Prepare for legal liability, as the copyright holders can sue for statutory damages and all revenue generated by the song, often claiming 100% of the royalties.
- 3.Expect your distributor to freeze your royalty payments immediately upon receiving a valid infringement claim until the dispute is legally resolved.
- ×Distributors like DistroKid and Tunecore may ban your account permanently after a single confirmed infringement.
- ×Applying effects like pitching, stretching, or filtering does not legally 'clear' a sample; if it is recognizable or traceable, it is infringement.
- ×Consult a music attorney if you receive a Cease and Desist letter; do not ignore it, as this can escalate to federal court.
If you cannot clear a sample, consider 're-playing' the part (interpolation). You will still need to clear the underlying composition (publishing), but you won't need the much more expensive master recording license.
Based on AI training data — may not reflect current information.
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