Sample vs interpolation: what each one needs cleared

A sample reuses the original recording and needs the master owner plus the publishers. An interpolation re-records the part and needs only the song side.

A sample and an interpolation both reach back to an older song, but they are two different acts. A sample reuses the original record. An interpolation rebuilds the part. That difference decides how many owners have to say yes before the new track can come out.

A recorded song is two copyrights, not one

When you record a song, you may be creating two works protected by copyright: a musical work (the song's underlying composition along with any accompanying lyrics) and a sound recording. Those two works are subject to different rules, and they are commonly owned and licensed separately.

Hold onto that, because the rest of this follows from it. The song is one piece of property. The particular recording of that song (the master) is another. Sampling and interpolation differ in which of the two you reach for.

Sampling takes the record, so you need both sides

Sampling is the reuse of a sound recording: the original audio itself, lifted and placed into a new track. Because that audio carries the composition and the recording at the same time, one permission will not cover it. Clearance (the process of acquiring permission to use a sample) requires both the songwriters and the owner of the master recording, and clearance can be complex and costly.

The paperwork follows the same shape. The MLC will register a derivative work, and sampling sits among its examples of one, only if the registrant has obtained authorization from the rightsholders of the underlying existing work. That authorization should be in writing, typically a sample license, a clearance agreement or a signed split sheet. In other words, the permission is expected to exist as a document.

Interpolation rebuilds the part, so you need only the song

Interpolation is the recreation of a musical element, such as a melody or a lyric, in a new composition. Unlike sampling, it involves the creation of a new recording: the part gets played or sung again rather than reused.

That shortens the permission list. An interpolation requires new permission from the copyright owner of the song composition, which in practice means the songwriters or their publishers. It does not require permission from the copyright owners of other sound recordings of that composition, unless a sound recording is also sampled. One side instead of two, and since sample clearance can be complex and costly, that is a real difference in what a release has to get through.

	Sample	Interpolation
What gets used	The original sound recording	A musical element, such as a melody or lyric, recreated in a new recording
Composition owner's permission	Needed	Needed
Master owner's permission	Needed	Not needed, unless the sound recording is also sampled

The documented examples, case by case

Here is how that plays out across J. Cole's samples and interpolations, with the credited writers attached to each borrowed part.

On the interpolation side:

On "The Villest," J. Cole and Erykah Badu interpolate Outkast's "Elevators (Me & You)" on the chorus. André Benjamin and Antwan Patton are listed among the song's writers.
"Old Dog" features Petey Pablo, described as the first North Carolina rapper to land a national hit, and interpolates "Raise Up," performed by Petey Pablo.
On "Life Sentence," Cole interpolates the hook of DMX's 1998 classic "How's It Goin' Down," written by Earl Simmons and Anthony "PK" Fields and performed by DMX. Earl Simmons is among the track's credited writers.
"Quik Stop" reenacts a fan encounter at a local gas station over a Cole-sung sample of Devin the Dude's "Just Tryin' Ta Live." Wikipedia lists that one as an interpolation of "Just Tryin ta Live," performed by Devin the Dude, so the label applied to it is not settled across accounts.

On the sample side:

"Only You" features Burna Boy and samples "Longing For," written by Siccature "Jah Cure" Alcock and others and performed by Jah Cure. Siccature Alcock is among the track's credited writers. This one is a sample rather than an interpolation, so the master owner sits in the chain of permission alongside the writers.
"I Love Her Again" samples "The Light," written by Lonnie Lynn, James Yancey, Robert Caldwell, Bruce Malament and Norman Harris, and performed by Common. That writer list is the composition side of what got used. Because it is a sample, the owner of the master recording has to agree too.

Notice what the interpolations have in common with the samples: original writers turn up in the new song's writer credits either way. André Benjamin and Antwan Patton on "The Villest" and Earl Simmons on "Life Sentence" are interpolation credits. Siccature Alcock on "Only You" is a sample credit. Rebuilding the part by hand does not take the songwriters out of the picture. It takes the record label out of it.

The same two part structure shows up in sync

If you want proof that this is about the two copyrights rather than a quirk of hip hop, look at film. Using a pre-recorded song in a film requires two different licenses: a synchronization license, obtained from the copyright owner of the music, which is usually the publisher, and a master use license, cleared with the record label that owns the specific recording you want to use.

Same two owners, different names on the paperwork. Reuse a recording and the label is involved. Touch only the composition and it is the publisher's call.

FAQ

What is the difference between a sample and an interpolation?

A sample is the reuse of the original sound recording. An interpolation is the recreation of a musical element, such as a melody or lyric, in a new composition, which means a new recording gets made.

Does an interpolation need to be cleared?

Yes. An interpolation requires new permission from the copyright owner of the song composition. It does not require permission from the owners of other sound recordings of that composition, unless a sound recording is also sampled.

Who do you clear a sample with?

Both the songwriters and the owner of the master recording. That process can be complex and costly.

Do the original writers get credited on an interpolation?

In these cases they do. André Benjamin and Antwan Patton are listed among the writers of "The Villest," and Earl Simmons is among the credited writers of "Life Sentence."

What does The MLC need before registering a song that samples another?

Authorization from the rightsholders of the underlying existing work to create and distribute the derivative work. It should be in writing, typically a sample license, clearance agreement or signed split sheet.