I think that sampling is an art, and wish there was a better way to work these situations out, but sample licensing is still subject to copyright law.
https://twitter.com/THR/status/1347554915535695873
Labels keep lists of who NOT to sample. It’s their right to deny the use, so don’t mess with it. If you do, they’re going to come at you.
(I should mention that the lists are not just other labels/master owners, but publishers too.)
Most licensors understand that the artist/producer needs to sample their cut to find out if it works before they can even have a conversation about the use. In fact, they will demand to hear the final version before negotiating a license.
But while that uncleared sample is in the track unlicensed it’s potentially dangerous. If it leaks, you’re gonna get sued.
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