Samples and Interpolations
Two of the most common derivatives come from the use of samples and interpolations. While they may sound similar, the legal and creative implications are very different.
A sample is a portion of an existing sound recording incorporated into a new recording.
This could be a drum break, a vocal riff, or even just a short sound effect.
Permission is needed from the owners of both the original sound recording (usually the record label) and the underlying musical work (usually the music publisher).
Mariah Carey’s “Fantasy” uses a sample of the recording “Genius Of Love” by Tom Tom Club.
The sampled work:
A interpolation is a portion of an existing composition incorporated into a new song.
It’s recreating something from an older song inside your new work, rather than directly lifting it from the original recording.
As the original sound recording wasn’t used, permission is only needed from the copyright owner of the original musical work.
Janet Jackson’s “Someone To Call My Lover” contains interpolations of the guitar riff from “Ventura Highway” by America + a key phrasing from “Gymnopédie No. 1” by Erik Satie.
The interpolated works:
Samples can preserve the exact “feel” of the original recording, while interpolations let you capture the essence of a song while customizing it for your own style. Both are powerful creative tools, but they come with legal responsibilities.
Licenses can be granted for a flat fee, and/or a percentage of the mechanical royalties (i.e., a couple cents for each record pressed), and costs vary depending on how much you use of the original work(s) and in what context. As there are no statutory rates for samples or interpolation, the copyright owner can charge charge any price or even deny the use outright.
Unauthorized use of an existing copyright can cost you $500 to $100,000 per infringement, and a court may even order your music pulled and destroyed.
Don’t rely on “fair use” or the myth of a few seconds being safe. Always get permission.