Can You Use a Sample in Your Beat? Sampling and Copyright Explained

You hear a few seconds of an old song and you just know: that needs a beat under it. Chop it, add drums, done. But can you actually use that sample if you want to release the track? Usually not without permission. Here's how it works, what the European Court of Justice has said about it and how to work with samples safely.

Short answer

• Using a sample from an existing song is, in principle, only allowed with permission from the rights holders.
• There is no minimum length. Even a two-second clip can already be too much.
• According to the Court of Justice of the European Union, a sample you've changed so much that it's unrecognizable to the ear falls outside that right.
• The pastiche exception is not a free pass to use a sample just because it sounds good.
• To stay safe, use royalty-free samples, your own recordings or a sample you've properly cleared.

One sample, two sets of rights

This is the part most new producers miss. When you take a piece of an existing song, you're really using two things at once:

• The composition: the music and lyrics themselves. The songwriters and composers hold the copyright, often together with a music publisher. In the Netherlands, many of those writers are represented by BumaStemra.
• The recording (the master): that exact recording you hear. The producer of the recording holds rights in it. Note: that doesn't mean the beatmaker, but whoever paid for the recording and owns the master, often a label.

So when you clear a sample, you usually need permission from two sides: the master owner and the rights holders of the composition. Read more about that split in BumaStemra and Sena: how to sign up and get paid.

How short can a sample be?

A lot of people think a few seconds is always fine. It isn't. In 2019 the Court of Justice of the European Union ruled in a case between Kraftwerk and producer Moses Pelham (case C-476/17). Pelham had looped a rhythmic fragment of about two seconds from the Kraftwerk track "Metall auf Metall" for a new song.

The Court held that the producer of a recording has the right to allow or refuse use even of such a short fragment. So there's no lower limit in seconds. The exception: if you've changed the fragment so it's unrecognizable to the ear, it falls outside that right. Dutch broadcaster NOS reported on it.

Unrecognizable doesn't mean a quick pitch shift or a filter. If someone who knows the original can still hear it, it's recognizable. When in doubt, assume it's recognizable.

What about pastiche? The 2026 ruling

EU copyright law has an exception for caricature, parody and pastiche. Member states may adopt it, and for a long time the question was whether sampling could fall under it. On April 14, 2026 the Court of Justice answered that in a follow-up to the same case (case C-590/23, also known as Pelham II).

According to the Court, pastiche is not a general free pass for every creative reuse. In short, a pastiche has to:

1. evoke an existing work while being noticeably different from it;
2. enter into a recognizable artistic or creative dialogue with that work, for example as a tribute, a style imitation or a critique;
3. be recognizable as a pastiche to someone who knows the original. What you meant as the creator isn't decisive.

The Court also said the exception can't be a cover for hidden imitation or plagiarism. So using a sample just because it's a nice loop is probably not pastiche. Whether a specific track falls under the exception is ultimately up to a court. You'll find an overview of the ruling at the European Audiovisual Observatory.

Replaying it yourself: is that free?

If you replay the melody or chords of an existing song yourself, you're not using the original recording. So you don't need permission for the master. But you're still using the composition. Recognizable melodies and lyrics are protected, so a replayed version also needs permission from the writers or their publisher.

A chord progression or a vibe is a different story. A standard chord progression or a genre sound doesn't belong to one artist. You can work with those freely.

How to clear a sample in 5 steps

1. Find out who owns it. Check the credits of the original for the writers, the publisher and the label. Repertoire databases of collecting societies help you with the composition.
2. Ask both sides for permission. Send the label (for the master) and the publisher or writers (for the composition) a clear request: which fragment, how long, in which song and how you'll release it.
3. Include a demo. Let them hear what you do with the sample. That makes it easier to say yes.
4. Get everything in writing. What you're allowed to do, who gets which share of the income and who gets credited. Keep it with your project.
5. Only release once it's sorted. Without a deal you risk your song going offline or the income going to someone else.

Clearing can take a long time and the answer can be no. So start early, and definitely before you announce a release date. For a big release or a complicated deal, it's smart to have a music lawyer take a look.

What happens if you don't clear it?

On YouTube, Content ID automatically compares uploads with music that rights holders have submitted. A recognizable sample can lead to a claim, so the income from your video goes to the rights holder or your video gets blocked. Read how that works in Content ID claim on your beat. Distributors can also ask whether you hold the rights to everything in your track.

Safe sampling: how to work without worries

• Royalty-free samples and one-shots. Sample packs with a royalty-free license are made to be used in your own tracks. Always read the license, because not every pack gives you the same rights.
• Record something yourself. A guitar line, a chord on a keyboard, your own voice or a sound from your room. Anything you record yourself is yours.
• Have someone play something. Working with a musician? Agree up front on who owns what.

Found a royalty-free loop? Check its tempo and key first with the free Beat Lab, so the loop fits your project right away. Then start chopping it in FL Studio or Ableton Live.

Looking for drums you can use in your beats without the hassle? NAME The Trap Oneshot Pack Vol. 1 includes 26 808s, 22 closed hats, 12 claps and 20 kicks, among other sounds, and according to the product page it's 100% royalty-free.

Rapping on a bought beat with a sample?

Ask the producer before you buy whether the beat contains samples and whether they're cleared, and check what your license says about it. A sample that isn't sorted can hit your release too. With a free beat from the internet you often know even less about the samples, so also read what you can really do with a free beat. Rather start with a beat that has a clear license? Browse all beats.

FAQ

Can I use a 2-second sample?

Not just like that. According to the Court of Justice of the EU there's no minimum length. Even a fragment of about two seconds needs permission, unless you've made it unrecognizable.

Is a sample legal if I pitch it or slow it down?

Only if it's truly unrecognizable to the ear afterwards. If you can still hear the original in it, you need permission.

Does sampling count as pastiche?

Sometimes, but not automatically. Since the ruling of April 14, 2026, a pastiche has to enter into a recognizable artistic dialogue with the original. Using a loop because it sounds good usually isn't that.

Can I use samples if I don't make money from it?

Not making money doesn't make it free: you're still using someone else's work. If you put the song online, you can get a Content ID claim even without any income.

Who do I ask for permission?

Usually two parties: the owner of the recording (often a label) and the rights holders of the composition (the writers or their publisher).

This article is general information, not legal advice. For a specific release or deal, it's best to talk to a music lawyer. This article covers EU law; rules in other countries, such as the US, work differently. Sources: the rulings of the Court of Justice of the EU in cases C-476/17 (2019) and C-590/23 (April 14, 2026), via NOS and the European Audiovisual Observatory.