For the distribution (with commercial use) of a song that contains samples of another owner's audio, it will always be necessary to obtain an authorisation from the owner of the master to be used.
In addition to the permission of the owner of the master, you must have the authorisation of the author or editor of the original work, since the transformation, alteration or any type of modification of this, is also included in the rights (of elaboration of derived work) exclusive exploitation of the original author, in addition to being necessary (in all cases) recognition of the author's moral rights.
Depending on the source of the sample, the permission type can be one or the other. Below we offer you a guide to the procedures to be followed in each case, according to our Sample Use Policy.
Sample usage policy
- If the sample has been obtained directly from the original owner:
The original owner must provide a valid document that confirms the obtaining, use and marketing of his sample, for the artist who intends to distribute it.
- If the sample was obtained from an instrument (either physical or virtual):
The license or any other evidence that can demonstrate that the sample has been obtained from an instrument must be presented. Likewise, if applicable, you must present the license that is usually offered with the instrument.
- If the sample was obtained through a paid service (per unit or per subscription):
Proof of payment for the unit or of the subscription to said service must be presented, as well as evidence that the sample has been obtained through that payment service.
- If the sample was obtained through a free legal service:
Any valid evidence must be presented that shows that the sample has been obtained through this free service and that the commercialisation of the obtained sample is authorised.
- If the sample has not been obtained by any of the previously mentioned means:
You must justify and, in the same way, present a document or evidence that shows that:
- The use of the sample is allowed.
- It has been provided by legal means.
- Permission is available for the commercialisation of the sample or works derived from it.
In the event that the provisions of this policy are not complied with, the content involved will not be approved nor will its distribution be accepted.
Finally, we note that it is the duty and responsibility of the administrator of the service provided through the platform to manage the issues raised directly with the user who provides the content containing sample.