Think about it from the artist's point of view. What financial incentive does an unknown artist have to clear samples?
On one end of the spectrum, you create a song using an uncleared sample and it goes nowhere. Nine Inch Nails never hears about your song, and neither does the public.
On the other end of the spectrum, your song goes viral and makes you one of the most popular artists in the country.
Even if Nine Inch Nails claims every cent you make from the song, you have already accomplished your goal. You're a popular artist and now have a platform.You can sell merch, sign sponsorship deals, and get paid to advertise for brands on social media. You can put out new music with all your ducks in a row and go on to have a very successful career.
Why go through the trouble of clearing your sample when the chances of your song becoming popular are very slim, and even if it does become a hit, the reward far outweighs the risk?
Outside of ethics, there is no reason for an unknown artist to clear samples when they are trying to make it in the music industry.
It should also be noted that both the creator of Old Town Road(Lil Nas X) and Nine Inch Nails are currently under Columbia records.
You make an excellent point, and even if the song goes viral they are still unlikely to make any money from the song itself, regardless of whether they cleared samples. Presumably any physical merchandise they sell is clear of anyone else's copyright.
On one end of the spectrum, you create a song using an uncleared sample and it goes nowhere. Nine Inch Nails never hears about your song, and neither does the public.
On the other end of the spectrum, your song goes viral and makes you one of the most popular artists in the country.
Even if Nine Inch Nails claims every cent you make from the song, you have already accomplished your goal. You're a popular artist and now have a platform.You can sell merch, sign sponsorship deals, and get paid to advertise for brands on social media. You can put out new music with all your ducks in a row and go on to have a very successful career.
Why go through the trouble of clearing your sample when the chances of your song becoming popular are very slim, and even if it does become a hit, the reward far outweighs the risk?
Outside of ethics, there is no reason for an unknown artist to clear samples when they are trying to make it in the music industry.
It should also be noted that both the creator of Old Town Road(Lil Nas X) and Nine Inch Nails are currently under Columbia records.