Last month I talked to drummer DJ Hostettler about his band IfIHadAHiFi's new release, "Nada Surf," due out by now on Milwaukee's own Latest Flame Records.

But, recently, label boss Dan Hanke told me there was a delay on the release date because a sample needed clearance before production could commence. This is common practice these days as manufacturing facilities typically require documentation of proper licensing, sample clearance and the like, as a means of protecting themselves from legal action.

Then yesterday, the band posted this on its website: "Our song 'Somebody Take the Damn Money,' the ballad of Harley Race and his early-80s wrestling promo placing a $25,000 bounty on Ric Flair, included samples we had snagged from the original audio of the promo. Because we are morons, it completely escaped us that the audio may be under copyright to a certain wrestling company that, in 2001, bought all of the National Wrestling Alliance's video library. Yep, the sample is under the copyright protection of the WWE. Whoops. Boy, are our faces red."

Hostettler (aka Dr. Awkward) also brought the discussion to Facebook, writing, "So we're idiots and completely spaced on the fact that a sample we used on our new album might be under copyright. DUUUUUUUUUH."

That elicited numerous comments from friends and supporters, including one who asked if clearance or re-recording the song without the sample were the band's options at this point.

"Those are pretty much our options, although we only have to remix the song, not flat-out re-record it," Hostettler replied, adding in another comment, "If it were only us, and not a label, a manufacturer, and (distributors) that were susceptible to lawsuits, we'd be more apt to say "f*ck it" and be punk rock and roll the dice."

Since the band was at the production stage for the CD and the vinyl (the required lacquers were already cut for the LP), this is a set-back that will move the record's release date pretty far out.

"We've got a killer idea for how to re-enact the sample, but it's a secret until we know it's happening," Hostettler replied to me. "No, we don't know Harley Race personally."

His best estimate for when the record will see the light of day?

"There's a good chance we'll have the vinyl in our hands before January, but the official release date has to get pushed back there for distro."