[FAQ]

Hey,

I’ve been producing a track that uses a cool little vocal sample from an older song. I’m getting ready to release it through my distributor, aiming for Spotify and the other platforms.

I’m a bit unsure about the rules around samples on Spotify. Do they have a specific policy against them, or is it okay as long as you handle the legal side properly? I assume I can’t just release it as is, right?

What’s the actual process to clear a sample so I can legally put the track on Spotify? Do I need permission from both the original artist’s label and the songwriter? And is this something I do myself, or does my distributor help with it? Just trying to make sure I don’t get my track taken down or run into bigger legal problems.

Thanks!

[Jeff Bullas]

You need to get this right, as using uncleared samples is a serious legal issue.

Short Answer: Spotify itself doesn’t have a specific “sample policy” beyond requiring all uploaded audio content to be legally cleared. To release a track with a sample, you must obtain permission and licenses from both the owner of the original sound recording (master license) and the owner of the underlying composition (mechanical license).

Think of it this way: Spotify relies on your distributor to ensure the audio content delivered is fully legal.

Spotify operates under the assumption that any audio file delivered to them by your distributor has all necessary rights and clearances secured. They don’t proactively police for samples, but if a rights holder identifies an uncleared sample in your audio content, it will be subject to takedown and potential legal action. Therefore, before you even upload the track to your distributor, you are legally required to secure two separate licenses. First, you need a master use license from the owner of the specific audio recording you sampled, which is typically the record label. Second, you need a mechanical license (or similar permission) from the owner of the song’s composition – the text-based lyrics and melody – which is usually the music publisher representing the songwriter. Obtaining these licenses often involves negotiation and payment, and it’s entirely your responsibility to secure them before release.

Cheers,

Jeff

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