Most confusion about sampling comes from treating a song as one thing. It's two. For how this plays out when you clear a sample, see the complete guide to sample clearance.
The master: the recording
The master is a specific recorded performance: the actual audio. The same song recorded twice produces two different masters.
- Usually owned by: the record label, or the artist if they're independent
- Earns money from: streams and sales of that recording, and sync when that recording is used in film, TV or ads
- Paid through: labels and distributors
The publishing: the song
The publishing (or composition) is the song itself: the melody, the lyrics, the chords and structure. It exists whether or not anyone has recorded it.
- Usually owned by: the songwriters and their music publishers
- Earns money from: performance royalties (streams, radio, live), mechanical royalties (reproductions), and sync
- Paid through: performing rights organizations like ASCAP, BMI and PRS, mechanical collection bodies like The MLC in the US, and publishers or publishing administrators
Side by side
| Master | Publishing | |
|---|---|---|
| What it is | The recording | The song underneath |
| Typical owner | Label or artist | Songwriters and publishers |
| Main income | Streams, sales, sync | Performance, mechanical, sync |
| Collected by | Labels and distributors | PROs, mechanical bodies, publishers |
Why sampling needs both
When you lift audio from a record, you're using that recording and the song in it. So you need a license for the master from the recording owner, and a license for the composition from the publisher.
If you replay the part instead of sampling it, you only use the song, so you only need the publisher. That's the whole difference explained in sampling vs interpolation.
Your side of it
Every track you make has a master and a composition too, and you probably own both.
- Register your songs with a performing rights organization, or you'll miss performance royalties.
- Use split sheets whenever you collaborate, so everyone's share of the song is agreed in writing.
- Consider a publishing administrator to collect mechanicals and royalties from other countries.
Where Soul Sample Club fits
Soul Sample Club samples are licensed to you with no royalties and no future payments, so when you use them you don't hand over a share of your master or your publishing. Your song's income stays yours.
Questions producers ask
What is the difference between master and publishing rights?
The master is a specific recording of a song. The publishing is the song itself: melody, lyrics and structure. They're separate copyrights, often owned by different people, and they earn money separately.
Who owns the master of a song?
Usually the record label that paid for the recording, or the artist if they released independently and kept ownership.
Do I need both rights to use a sample?
Yes, if you use the original audio. You need a master license from the recording owner and a composition license from the publisher. If you replay it instead, you only need the publisher.
Do Soul Sample Club samples take a share of my publishing?
No. They're licensed royalty-free with no future payments, so your song's master and publishing income stay yours.
Skip the paperwork
Original soul, cleared before you press play.
Every sound in Soul Sample Club is an original composition, pre-cleared for commercial releases. Download it, flip it, release it. Nothing to negotiate.
Chris, Founder of Soul Sample Club
Producer and the person behind Looplair and Soul Sample Club. I started SSC so producers could sample soul without the clearance headache.
Sources
- Songtrust: The difference between a sample and an interpolation
- ASCAP repertory search
- BMI repertoire search
- The MLC (US mechanical rights) public search
This guide is general information, not legal advice. For a specific release, talk to a music lawyer.
Keep reading
Sample clearance: the complete guide for producers
What sample clearance actually is, who you need permission from, and what happens if you skip it. Written by a producer, for producers.
How much does it cost to clear a sample?
What clearing a sample really costs: upfront fees, publishing splits, royalties and the hidden costs, with typical ranges for independent releases.
Sampling vs interpolation: what's the difference?
Sampling uses the original recording; interpolation replays it. What each one needs cleared, why big releases replay samples, and when it's worth doing.