Legal Aspects of the Music Industry Practice Exam

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Who should you contact first to clear a sample?

The master rights owner

The record label

The music publisher

Clearing a sample starts with the underlying composition. The music publisher owns or represents the rights to the song itself—the melody, harmony, and lyrics—so they control whether you can legally use that musical work. Securing a license from the publisher is the first step because without permission to use the composition, you can’t legally sample, even if you have the right to use the actual recording. Once the publisher grants clearance for the composition, you then obtain a separate license from the master rights holder (usually the record label) for the actual sound recording if you plan to use that recording in your track. The other entities listed are involved with either the recording’s ownership or the artist’s management, but they aren’t the initial gatekeepers for the composition rights.

The artist's manager

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