Every recorded song has two copyrights: the recording itself (the master) and the song underneath it (the composition). Whether you sample or interpolate decides which of those you're using. For the full background, see the complete guide to sample clearance.
Sampling: using the original recording
Sampling means taking audio from an existing record and putting it in your track. However much you chop or pitch it, it's still the original recording.
Because you're using the recording and the song it contains, you need two permissions:
- the recording owner, usually a record label, for the master
- the song owner, usually a publisher, for the composition
Interpolation: playing it again
Interpolation means recreating part of a song yourself: replaying a melody, re-singing a hook, or rebuilding a bassline with new musicians. The recording is brand new and belongs to you.
Because you're only using the song, not the recording, you only need one permission: the publisher's.
| Sampling | Interpolation | |
|---|---|---|
| What you use | The original recording | The original song, re-recorded |
| Recording owner (label) | Permission needed | Not needed |
| Song owner (publisher) | Permission needed | Permission needed |
| Negotiations | Two | One |
Why big releases replay samples
- The label says no, or wants too much. Replaying takes the recording owner out of the deal.
- Speed. One negotiation instead of two.
- Control. A replay can be recorded cleanly, in the right key and tempo, with stems.
That's why you'll often see "contains an interpolation of" in credits on major releases.
When it's worth replaying
- The label is unreachable or has already said no, but the publisher is open to a deal.
- You mainly need a melody or a lyric, not the sound of the original record.
- You have the musicians, or the skills, to recreate it convincingly.
It's less useful when the magic is in the original recording itself, like the sound of the room or the tape. You can't replay a vibe.
Where Soul Sample Club fits
Soul Sample Club samples are neither samples of other people's records nor replays of other people's songs. They're original compositions, recorded to sound like the records you'd want to flip, and pre-cleared for commercial releases. So there's no label to ask and no publisher to negotiate with.
Questions producers ask
Does interpolation need to be cleared?
Yes. Interpolation re-records part of an existing song, so you still need permission from the song's owner, usually the publisher. You don't need the record label's permission, because you're not using their recording.
Is a replayed sample cheaper than a sample?
Often, because there's one negotiation instead of two. But the publisher can still ask for a large share of your publishing, so it isn't automatically cheap.
Is recreating a sample by ear legal without permission?
No. If what you recreate is recognizably the original song, it's an interpolation and needs the publisher's permission.
Are Soul Sample Club samples cleared?
Yes. Everything in Soul Sample Club is an original composition, pre-cleared for commercial use, including major label releases and sync. Anything you download while you're a member is licensed to you for life, and you'll never owe royalties on it.
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
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 to clear a sample, step by step
A practical walkthrough of clearing a sample: finding the label and publisher, writing the request, negotiating, and getting it in writing.
Master vs publishing: the two rights in every sample
The difference between the master recording and the publishing (composition), who owns each, how each earns money, and why sampling needs both.