If another artist wants to use part of your song in a new work, the process and the permissions required depend on how they use it.
An interpolation is where someone replays or re-records part of your melody, lyrics or musical material in their own new recording. Because they are creating a new performance rather than lifting your actual recording, only the song copyright is involved. That means only you (or your publisher, if you have assigned your rights) need to grant permission. You can negotiate a one-off fee, a share of the new song’s royalties, co-ownership of the new composition, or some combination.
A sample is where someone takes a portion of an existing recording and incorporates it directly into their new track. Because the original recording contains both a performance of your song and a specific recorded sound, two separate copyrights are engaged: your song copyright and the recording copyright (usually owned by a record label). Both copyright owners must clear the use independently, and each will negotiate their own terms.
There is no legal minimum threshold for how much can be taken before clearance is required. Even a very short sample – a two-second vocal phrase, a distinctive drum fill – needs permission from both the songwriter and the recording owner.
You are free to refuse permission entirely, or to set whatever terms you consider appropriate. Some writers negotiate significant advances, ongoing royalty shares, or co-writing credits on the new song. If you have a publisher, they typically handle these negotiations on your behalf. Each request is worth considering on its own terms – a high-profile interpolation or sample can drive new attention and streaming income to your original work.
