Every sample carries two separate copyrights, and you must clear both before release. The master side is the actual sound recording — owned by the label or whoever funded the session. The publishing side is the underlying composition — the melody and lyrics — owned by the songwriters and their publishers. Clear one side and skip the other, and you are still wide open to a lawsuit.
The master side is usually where the big money goes. Labels charge flat fees that can run from a few hundred dollars to fifty thousand or more, or they take a royalty on your record. Iconic recordings cost the most because the label knows you need that exact sound. This is why smart producers replay or interpolate samples — a new recording of the same part kills the master fee completely.
The publishing side does not work on flat fees. Publishers typically demand a percentage of your new song’s publishing — commonly 25 to 50 percent, and up to 100 percent if you lifted the hook or the core of the song. That is not a one-time payment; it is permanent ownership in your record. Know that number before you build your whole single around somebody else’s chorus.
Start clearance by identifying both owners. Search the ASCAP, BMI, and SESAC repertories for the writers and publishers, and trace the original recording’s label for the master side. Send each a formal request stating the exact seconds used, how the sample sits in your track, and your release plan. Get signed paperwork from both sides before the song drops — no verbal promises, no figuring it out later. Treat clearance like a budget line item: price both sides before you finish the record, and walk away from samples you cannot afford to clear properly.
About the Author – Ruben Burgos: Ruben Burgos brings over 25 years of music expertise and more than 15 years of model guidance to the table. He is the indie major pinnacle to retaining credits for musicians and helping them navigate this wicked industry without the fuckery.