My Distributor Cleared Everything , What Distributors Usually Do and Do Not Check

When independent artists distribute music through services like DistroKid, TuneCore, CD Baby, or Amuse, they often assume the distributor has verified that all legal rights are in order. This misunderstanding can lead to serious problems—takedowns, legal liability, and damaged relationships with other artists and rights holders.

The reality is that music distributors are distribution platforms, not legal clearance services. Understanding what distributors actually do—and what they don’t—can help you protect yourself and your music.

What Music Distributors Actually Do

Music distributors serve a specific function in the modern music industry: they get your music onto digital platforms. Their core services typically include:

Platform Distribution: Distributors deliver your music to streaming services (Spotify, Apple Music, Amazon Music, Tidal), download stores (iTunes, Amazon MP3), and sometimes physical retailers. They maintain relationships with these platforms and handle the technical requirements for getting your content listed.

Metadata Management: Distributors ensure your music is properly tagged with relevant metadata—artist name, song title, album information, release date, genre classifications, and other details that platforms require.

Royalty Collection and Payment: Distributors collect royalties from platforms and pay them to you, minus their fees. They handle the complex accounting involved in tracking payments from multiple sources.

Content Protection (Sometimes): Some distributors offer basic content protection services, like registering your music with Content ID or similar systems. This is about protecting your content from unauthorized use, not about clearing third-party rights.

Reporting: Distributors provide dashboards and reports showing your streaming numbers, royalty earnings, and other performance metrics.

What Distributors Typically Do NOT Check

Here’s where misunderstandings often arise. Distributors generally do not perform the following services:

Sample Clearance: Distributors do not verify that you’ve cleared any samples used in your music. If your song contains samples from other recordings, it’s your responsibility to obtain permission and appropriate licenses before distribution.

License Verification: Distributors do not check whether you have the right to distribute cover songs, remixes, or other works that incorporate third-party material. They assume you’ve handled this.

Copyright Ownership Verification: Distributors do not verify that you actually own the copyright to the music you’re distributing. They take your word for it when you check the box saying you have the rights.

Sync License Clearance: If you’re distributing music that was originally created for film, TV, or advertising, distributors don’t verify that you have the right to distribute it separately.

Co-Writer or Collaboration Agreements: Distributors don’t verify that you’ve properly documented agreements with co-writers, producers, or other contributors.

Personality Rights: Distributors don’t check whether your music uses someone’s name, likeness, or voice in ways that might violate their rights.

Common Misconception

“I uploaded my music through a legitimate distributor, so it must be cleared” — Distributors are platforms for distribution, not legal clearance services. When you upload music, you’re typically warranting that you have all necessary rights. The distributor relies on your representation and doesn’t independently verify it.

Your Obligations as the Artist

When you agree to a distributor’s terms of service, you’re making significant legal commitments. Most distributor agreements include warranties—promises you make about the content you’re uploading. Common warranties include:

Ownership or Authorization: You warrant that you own the content or have authorization to distribute it.

No Infringement: You warrant that your content doesn’t infringe on the rights of others, including copyright, trademark, and personality rights.

Sample Clearance: You warrant that any samples used in your music have been properly cleared and licensed.

Cover Song Licenses: You warrant that you have appropriate licenses for cover songs (mechanical licenses in the U.S.).

No Legal Claims: You warrant that there are no pending or threatened legal claims related to your content.

These warranties are legally binding. If a distributor faces legal action because of content you uploaded, you may be required to indemnify them—meaning you’ll cover their legal costs and any damages they pay. This is standard in distributor agreements and represents a real financial risk.

Takedown Risks and What Happens When Things Go Wrong

When distributors receive complaints about content, they typically act quickly to protect themselves:

Immediate Takedowns: Most distributors will pull your music from platforms immediately upon receiving a credible complaint, often without investigating the validity of the claim.

Account Suspension: Repeated complaints can lead to account suspension or termination, cutting off your access to the distribution service.

Financial Penalties: Some distributor agreements allow them to withhold royalties or charge you for costs associated with handling complaints.

Indemnification Claims: If a distributor faces legal costs because of your content, they may seek reimbursement from you under the indemnification clause in your agreement.

The consequences of distributing uncleared content can be severe:

• Your music is removed from all platforms
• You lose streaming revenue during the dispute
• Your reputation with platforms and distributors suffers
• You may face direct legal action from rights holders
• You may be liable for the distributor’s legal costs

Practical Checklist

• Read your distributor’s terms of service before uploading any music
• Understand what warranties you’re making about your content
• Clear all samples before distribution
• Obtain mechanical licenses for cover songs
• Document all agreements with co-writers and collaborators
• Keep records of all licenses and permissions
• Consider legal review for high-risk releases (samples, remixes, covers)
• Monitor for takedown notices and respond promptly

Reading Your Distributor’s Terms of Service

Every major distributor has terms of service that outline your responsibilities. While these documents are long and legalistic, certain sections deserve your attention:

Content Warranties: Look for sections where you promise that your content doesn’t infringe on others’ rights. These define your legal exposure.

Indemnification: Find the clause where you agree to cover the distributor’s costs if they face legal action because of your content. This is where your financial risk is defined.

Takedown Procedures: Understand how the distributor handles complaints and what happens to your music and account.

Limitation of Liability: Most distributors limit their liability for problems arising from your content. This means you’re bearing most of the risk.

Termination: Understand what circumstances allow the distributor to terminate your account and what happens to your music if they do.

Practical Steps to Protect Yourself

Given the risks, here’s how to protect yourself when distributing music:

Keep Impeccable Records: Maintain a file for each release documenting all rights—licenses, permissions, agreements with collaborators, and evidence of sample clearance. If questions arise, you’ll need this documentation.

Understand What You’re Distributing: Be honest with yourself about the content in your music. If you’ve used samples, even small ones, address the legal issues before distribution.

Get Proper Licenses: For cover songs, obtain mechanical licenses through services like Harry Fox Agency, Songfile, or your distributor’s licensing service. For samples, negotiate directly with rights holders or work with a sample clearance service.

Document Collaborations: If you work with other producers, writers, or musicians, have written agreements clarifying who owns what and who has the right to distribute.

Consider Legal Review: For releases with significant legal complexity—extensive sampling, controversial content, high-profile collaborations—consider having a music attorney review your rights before distribution.

Use Distributor Resources: Some distributors offer guidance on licensing and rights issues. Take advantage of these resources, but don’t rely on them as legal advice.

Special Considerations for Different Types of Content

Different types of music present different risks:

Cover Songs: You need a mechanical license to distribute cover songs in the U.S. Services like Harry Fox Agency or Easy Song Licensing can help. Some distributors offer licensing services, but verify what they actually provide.

Remixes: Official remixes require permission from the original rights holders. Unofficial remixes are risky to distribute without clearance.

Samples: Any recognizable sample from another recording requires clearance from both the sound recording owner (usually the label) and the composition owner (usually the publisher). This is true even for very short samples in many jurisdictions.

DJ Mixes: Distributing mixes that contain multiple copyrighted songs requires licenses for each song used. This is why many DJs distribute mixes informally rather than through official channels.

Public Domain Material: If you’re distributing recordings of public domain compositions, ensure the specific recordings you’re using are also in the public domain or properly licensed.

When to Ask a Lawyer

• Before distributing music that contains samples, especially from well-known songs
• If you receive a takedown notice or cease-and-desist letter
• When entering into collaboration agreements with other artists
• If your distributor suspends your account due to rights complaints
• Before distributing remixes, mashups, or other derivative works
• When you’re unsure whether your content requires clearance

The Bottom Line

Music distributors provide valuable services—getting your music onto platforms, collecting royalties, and managing metadata. But they are not legal clearance services, and they do not verify that you have the rights to distribute your content.

When you upload music through a distributor, you’re making legal promises about your content. If those promises turn out to be false, you bear the consequences—not the distributor. Take the time to understand your rights, clear any third-party content, and document everything. The extra effort up front can save you from significant problems down the road.

Sources

1. DistroKid Terms of Service - https://distrokid.com/terms/
2. TuneCore Terms of Service - https://www.tunecore.com/terms
3. CD Baby Terms of Service - https://cdbaby.com/terms
4. Harry Fox Agency, “Mechanical Licensing” - https://www.harryfox.com/
5. U.S. Copyright Office, “Circular 73: Compulsory License for Making and Distributing Phonorecords” - https://www.copyright.gov/circs/circ73.pdf