---
title: "Record sample permissions for the composition and the recording"
url: "https://ailawframework.com/practice/sports-and-entertainment-law/build-the-sample-clearance-table-for-a-new-recording/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A39-KE20261022-2-US"
practice_area: "Sports & Entertainment Law"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Record sample permissions for the composition and the recording

> Build a table with one row for the musical work and one row for the sound recording, and copy any permission the file already contains. Do not mark a use as fair.

Canonical page: https://ailawframework.com/practice/sports-and-entertainment-law/build-the-sample-clearance-table-for-a-new-recording/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Sports & Entertainment Law](https://ailawframework.com/practice/sports-and-entertainment-law.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | Build a table with one row for the musical work and one row for the sound recording, and copy any permission the file already contains. Do not mark a use as fair. |
| What the lawyer must review | 17 USC 106, subject to sections 107 through 122, gives the owner the exclusive rights to reproduce the work in copies or phonorecords, to prepare derivative works, to distribute copies or phonorecords to the public, to perform publicly the listed literary, musical, dramatic, choreographic, pantomime, motion-picture, and other audiovisual works, to display publicly the listed works, and, for sound recordings, to perform the work publicly by means of a digital audio transmission. Sections 107 through 122 were not opened, so do not decide fair use or any other limitation. 17 USC 114(a) limits the exclusive rights in a sound recording to clauses (1), (2), (3), and (6) of section 106, and excludes any right of performance under section 106(4). Section 114(b) limits the reproduction right to duplicating the sound recording in phonorecords or copies that directly or indirectly recapture the actual sounds fixed in the recording, and limits the derivative right to a derivative work in which those actual sounds are rearranged, remixed, or otherwise altered in sequence or quality. Those rights do not extend to the making or duplication of another sound recording that consists entirely of an independent fixation of other sounds, even though such sounds imitate or simulate those in the copyrighted sound recording. The educational-television proviso in section 114(b) was read and is not a sample clearance. No sentence that was opened creates a sample-clearance safe harbor. Section 115 was not used. The table records whether the file contains reproduction and derivative permission for the musical work and for the sound recording. |
| Written for | United States |
| Applies to | [Build the sample-clearance table for a new recording](https://ailawframework.com/practice/sports-and-entertainment-law/build-the-sample-clearance-table-for-a-new-recording.md) |

## Checking plan

- What the AI does: Build a table with one row for the musical work and one row for the sound recording, and copy any permission the file already contains. Do not mark a use as fair.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- Do not say the compulsory license for making phonorecords of a nondramatic musical work clears a sample. Section 115 was not used.
- Section 114(d) and the digital-transmission exemptions were not used. Do not treat them as a clearance for a new recording.

## Sources

- [17 USC 106, Exclusive rights in copyrighted works](https://www.law.cornell.edu/uscode/text/17/106) (checked 2026-10-22)
- [17 USC 114, Scope of exclusive rights in sound recordings](https://www.law.cornell.edu/uscode/text/17/114) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*