Clearing a sample requires separate permissions from both the master recording owner and the song's publisher

A recorded song has two separate copyrights: (1) the master recording — the specific performance and recording, usually owned by the record label; and (2) the underlying composition — the song itself (melody and lyrics), owned by the songwriter or their publisher. When you sample a recording, you potentially infringe both. Clearing the sample therefore requires two separate deals: a master use license from the master owner (often a major label), and a synchronization/mechanical license from the publisher. Both parties independently set their price and can refuse. This ‘double gating’ makes clearance expensive and uncertain — and means that using three seconds of a famous recording is often more expensive than covering an entire song.

Examples

For De La Soul’s 3 Feet High and Rising: ‘for each one you have to have a deal with the publisher and with the master use holder.’ Some samples weren’t disclosed and came back later — the Turtles sample they ‘didn’t tell us about.‘

Assessment

A producer samples two seconds of a Beatles recording. Who must they get permission from, and why are there two separate rights to clear? What factors affect the price?