Glossary

Key terms in sample clearance.

Clearance & Rights

Sample Clearance: The process of getting permission to use part of an existing recording or composition in a new track. Requires separate approval from each rights holder involved.
Master Recording: The actual recorded audio of a song — the specific performance captured in the studio. Owned by whoever paid for the recording, usually a record label or the artist themselves if independently released.
Sound Recording Copyright: The copyright protecting a specific recorded performance. This is separate from the composition copyright. When you hear a song on streaming, the sound recording copyright covers that exact recording. Usually owned by the record label.
Composition Copyright: The copyright protecting the underlying song — the melody, lyrics, and musical arrangement. This exists independently of any recording. A song can have one composition copyright but many different recorded versions. Owned by the songwriter or their publisher.
Master Use License: The license required to use a portion of an existing master recording in a new track. You obtain this from the owner of the sound recording — typically the record label, or the artist if the master is independently owned.
Mechanical License: A license to reproduce and distribute a musical composition. Required when pressing physical copies (vinyl, CD) or distributing digitally. Covers the right to make copies of the composition, not the recording.
Synchronization License (Sync License): A license to pair music with visual media — film, television, advertisements, video games, or online video. Requires approval from both the master owner and the publisher.
Sampling: Taking a portion of an existing master recording — the actual audio — and incorporating it directly into a new track. Requires clearing both the master recording and the composition, since you are using both.
Interpolation: Re-performing or re-recording a melody, hook, or phrase from an existing composition instead of using the original recording. Because you are creating a new recording, only the composition (publishing) rights need to be cleared — not the master.
Replay: Same as interpolation. Re-recording the original performance yourself rather than lifting audio from the original master. The terms are used interchangeably in the industry.

People & Entities

Rights Holder: The person or entity that owns the copyright to a master recording or composition. This is who you need permission from to clear a sample.
Publisher: A company that manages and licenses the composition copyright on behalf of the songwriter. Publishers handle licensing requests, collect royalties, and administer the business side of songwriting.
Administrator: A company that handles licensing and royalty collection for a publisher or songwriter without owning the copyright. The administrator manages the business but the ownership stays with the original rights holder.
PRO (Performing Rights Organization): Organizations like ASCAP, BMI, and SESAC that collect performance royalties on behalf of songwriters and publishers. PROs track when songs are performed publicly (radio, streaming, live venues) and distribute payments accordingly.
Songwriter / Writer: The person who wrote the melody, lyrics, or musical arrangement of a composition. A single song can have multiple writers. Each writer may have a different publisher representing their share.
Estate: When a songwriter or rights holder is deceased, their estate manages their copyrights. Clearance requests go through the estate, which may involve additional legal representatives and longer timelines.
Record Label: A company that funds, produces, and distributes recorded music. Labels typically own the master recording copyright as part of the recording agreement with the artist.
Distributor: A company that delivers music to streaming platforms, stores, and retailers. Distributors handle logistics — getting the music where listeners can access it — but typically do not own the master or publishing rights.

Deal Terms

Flat Fee / Buyout: A one-time payment for sample clearance with no ongoing royalty obligation. Once the fee is paid, no further payments are owed regardless of how well the new track performs.
Royalty Split: An ongoing percentage of revenue paid to the original rights holder for the use of their work. The percentage is negotiated as part of the clearance agreement and applies to future earnings from the new track.
Advance: An upfront payment made against future royalties. The advance is recouped from the royalty split — meaning royalty payments don't begin until the advance amount has been earned back.
Quote: The price or terms a rights holder provides in response to a clearance request. A quote typically includes the fee structure (flat fee, royalty split, or both), territory, and term (duration of the license).
Territory: The geographic region where the clearance license applies. A worldwide license covers all territories. Some clearances are limited to specific countries or regions.
Term: The duration of a clearance license. Some licenses are granted in perpetuity (forever), while others have a fixed term (e.g., 5 years) after which the license must be renewed.
Cease and Desist: A formal written notice demanding that you stop using copyrighted material without permission. Receiving one does not mean you have been sued — it is a warning that legal action may follow if the issue is not resolved.
Statutory Damages: Damages set by law that a court can award for copyright infringement, separate from actual financial losses. Under U.S. copyright law, these can range from $750 to $30,000 per work infringed, and up to $150,000 per work for willful infringement.

Industry Terms

ISRC (International Standard Recording Code): A unique 12-character identifier assigned to each individual recording. Used by streaming platforms, distributors, and rights organizations to track plays and royalties across systems.
ISWC (International Standard Musical Work Code): A unique identifier for a musical composition (the work itself, not a specific recording). Used by PROs and publishers to track compositions across different recordings and territories.
Production Library / Library Music: Pre-made music tracks available for licensing, often with simpler clearance processes and standardized terms. Production libraries are commonly used in film, TV, and advertising.
No-Sample Policy: A blanket policy held by some rights holders that refuses all sample clearance requests regardless of the terms offered. When a rights holder has a no-sample policy, the only option is interpolation (re-recording the part yourself) or not using the sample.
Split Sheet: A written agreement between songwriters that documents each person's percentage ownership of a composition. Split sheets should be signed before a song is released to avoid disputes later.
Recoupment: The process by which an advance is earned back from royalties. Until the advance is fully recouped, the rights holder receives royalties but the artist or licensee does not receive additional payments beyond the advance.

These definitions are provided for educational purposes only and do not constitute legal advice. Consult an entertainment attorney for guidance on your specific situation.