Answers/Glossary/Interpolation
Glossary · Licensing
Interpolation
An interpolation is a re-performance of a melody, lyric or musical phrase from an existing song in a new recording, rather than a copy of the original recording. It requires clearance of the composition only, not a master use licence.
An interpolation takes the song and leaves the record. Instead of lifting audio from an existing master, you or a session player re-perform the melody, chord movement or lyric yourself. Because no part of the original recording is used, no master use licence is required, and the clearance conversation halves.
That does not make it free. The composition is still protected, and using a recognisable part of someone's melody or lyrics without permission infringes it. Interpolations are cleared with the publishers of the original song, and the price is normally a share of the new composition rather than a flat fee — the original writers become co-writers on your track, receiving performance royalties through ASCAP or BMI and mechanicals through The MLC for as long as the record earns. Percentages are negotiated and can be substantial.
The advantages over sampling are practical rather than legal. One counterparty instead of two. No label rights department. No risk of the master owner refusing while the publisher agrees. Faster turnaround, and often a cheaper deal.
Interpolation is also what makes a "replay" a real production technique rather than a dodge. Hiring musicians to recreate a groove close to a reference is common in commercial work precisely because it avoids master clearance.
The misunderstanding: believing that playing it yourself makes it yours. Re-performance removes the recording copyright from the equation and nothing else. If a listener can recognise the borrowed melody, you are using the composition, and that needs permission from the people who wrote it.
Producer's practical framing; the clearance itself is lawyer territory, and I use one for it.
Related terms
- Sample clearanceSample clearance is the process of obtaining permission to use part of an existing recording in a new work.
- Master use licenseA master use license grants permission to use a specific sound recording, as distinct from the composition.
- Musical compositionA musical composition is the song itself — the melody, harmony, structure and lyrics — protected as its own copyright separate…
- Derivative workA derivative work is a new work based on one or more pre-existing works — a remix, a translation, an arrangement, a sampled…
Definitions on this site describe the United States system. I am an artist who has been through this, not a lawyer.
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