How to Protect Your Music: Sampling, Remixing & Copyright Explained
- adammillsmusic
- Jun 17
- 4 min read
If you're an independent artist trying to protect your music and get paid fairly, you’ve probably asked:
“How does copyright work? Can I sample a track? How do I clear remixes?”
In this post, we break down the basics of music copyright, the rules around sampling and remixing, and how to safeguard your work in today’s digital world.
Understanding Music Copyright: The Two Types You Need to Know
Every song has two main types of copyright:
1. The Sound Recording (Master Rights)
This covers the actual audio recording - the performance by musicians and vocalists.
It’s usually owned by the record label and/or the artist, with common splits being 50/50, though that can vary depending on contributions and contracts.
Session musicians (non-featured performers) may receive a smaller share or none at all, depending on the country’s copyright laws.
Pro Tip: This can also include 'producers', but some collection societies see this as a lesser role and your contribution % may be capped. If you played any part on the recording, it's better to register yourself an instrumentalist; like keyboards, drums, guitars, etc.
2. Composition (Publishing Rights)
This refers to the songwriting: melody, lyrics, and chords. Publishing rights can get complex, with different deal types (admin, co-publishing, etc.) and split structure - some divide equally, some split lyrics and music and others by individual contributions per song.
Tensions often arise in bands if there’s no clear agreement on how writing credits are split. It's a good idea to clarify the approach early.
For instance, here is one release where the band I was in split the publishing based on individual contribution. At the time, I personally felt I'd contributed more than 10% of the song, though if you split a song into 50% for lyrics, 50% for music, it was probably actually fair. (However, it did leave a slightly bitter taste in my mouth.)
Who Collects Your Royalties?
In the UK (and similar systems globally), these rights are collected by separate organisations:
PPL – for sound recordings (performers and labels.) Sound Exchange in the US and GVL in Germany.
PRS (MCPS) – for compositions (publishers and songwriters.) ASCAP, BMI and SESAC in the US and GEMA in Germany.
These societies collect royalties from:
Radio and TV broadcasts
Public performances and live gigs
Digital downloads and physical sales
Streaming platforms
Tip: In the UK publishing royalties are split into mechanical royalties (paid through your publisher) and performance royalties (get paid directly to you by PRS or similar).
Sampling in Music: What's Legal and What's Not?
Can you legally sample another track and release it? In short: No, not without permission.
Sampling without clearance is a copyright infringement, even if it’s just a few seconds. To release a sample legally, you need approval from:
The label (for the sound recording.)
The publisher (for the composition.)
This process can be expensive - or denied altogether.
What You Can Do With Samples:
Bootleg the track: If you’re not monetizing it, upload it to SoundCloud or Bandcamp, and mark it as non-commercial.
Be transparent: If a track gains traction, reach out to the original rights holders and try to negotiate a split.
Mangle the sample: Get creative. Transform it so much that it’s unrecognizable.
Replay the part: Instead of simply sampling the track, if you can - record it yourself. Then you only need to clear the publishing rights, not the master rights. Clever Huh?!
⚠️ One lecturer I had at university had a top 3 UK single packed with samples. However, he earned nothing due not clearing the samples. So be careful!
Remixing: Can you just do it?
Is remixing legal? Like sampling, remixing often uses existing copyrighted material, which technically needs to be cleared.
How to Handle Remixes:
Upload to SoundCloud or a similar platform.
Demonetize it if you don’t have the permission.
If it starts blowing up, contact the rights holder to try to negotiate a license - you may be able to get a 50-50 split, they may push for 75-25 in their favour.
Don’t assume they’ll say yes - but transparency may open the door to collaboration.
Remember, if a platform’s algorithm detects copyrighted content, your remix could be flagged or taken down all together.
⚠️ It's rare that any legal action will be taken against you - it's just not financially viable for most labels / publishers to do so.
How to Protect Your Music from Theft
Worried someone might steal your song idea or beat?
The good news: Most professionals aren’t actively stealing music - especially from indie artists. The bad news: Once your song is online, it can potentially be copied.
Even unintentional plagiarism happens. It’s common for creators to unknowingly write something that sounds exactly like an existing track.
What You Should Do:
Know your rights – As soon as you write down or record your music, it's automatically protected by copyright.
Keep proof – Save your DAW sessions, emails, and even upload versions to a soundcloud or YouTube, even if you keep them private.
Register your works – Sign up with PRS / PPL or the local copyright collection society in your country.
If Someone Steals Your Track:
File a claim through PRS or PPL, or your local collection society. This will freeze any due royalties while a dispute is investigated.
Try to resolve it directly with the infringing label/artist.
If necessary, you can pursue arbitration or legal action - but that can get expensive. Documentation is crucial!
Final Thoughts: Take Control of Your Music Rights
Whether you’re sampling, remixing, or producing original tracks, understanding your copyrights and royalties is essential.
Always document and register your music.
Don’t skip the legal steps when using samples or remixes.
Get familiar with the collection societies that protect your work.
By doing so, you’ll be in a much stronger position to not only protect your music but get paid what you deserve, without anyone taking advantage of you.
If you have questions about music copyright, royalties, or sampling. You can ask me directly here.
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