Hip-hop would not exist without sampling. Over its 50 years of existence, rappers, producers, and DJs have taken old music and made it new again, remixing and reinterpreting the creativity of previous generations and folding it into the culture of today.
But not everyone is flattered when a rapper samples their song. The history of hip-hop is rife with legal battles over unauthorized samples — from the genre’s early wild west days to the modern era. Some of these controversies have had lasting implications for the entire industry.
Below, we take a look at some of the most controversial samples in hip-hop.
Sugarhill Gang – "Rapper’s Delight" (1979)
Before "Rapper’s Delight," hip-hop was predominantly a live art form. Rappers rarely recorded and preferred to perform for a live audience, improvising freestyle raps over funk and soul records spun by DJs. The use of samplers and drum machines was not yet widespread. Nevertheless, Sylvia Robinson, a singer and studio owner who wanted to take advantage of the trend. She assembled rap group the Sugarhill Gang and invited some studio musicians to record a sound-alike version of the instrumental from Chic’s "Good Times" for them to rap over.
The song hadn’t even reached the charts yet — though it would become the first hip-hop song to breach the Billboard Top 40 — before Nile Rodgers of Chic heard an early version at a club in Manhattan. Ironically, several members of the Sugarhill Gang as well as Fab Five Freddy had joined the band onstage at a show weeks earlier to freestyle during "Good Times." Rogers didn’t take kindly to the song being knocked off, and he and Chic bassist Bernard Edwards immediately threatened legal action, with a settlement leading to them being credited as co-writers.
The song broke hip-hop into the mainstream, but it also set the stage for many similar cases of producers asking for forgiveness rather than permission and facing the consequences.
Afrika Bambaataa & Soulsonic Force - "Planet Rock" (1982)
Another example of "sampling without sampling," "Planet Rock" wasn’t a straight re-recording of an earlier song like "Rapper’s Delight." After witnessing the popularity of songs by Kraftwerk in New York’s nightclubs, producer Arthur Baker and DJ Afrika Bambaataa decided to fuse the German group’s electronic music with hip-hop.
"Planet Rock" fuses the beat from "Numbers" with the melody from "Trans-Europe Express," with Bambaataa and the Soulsonic Force rapping above, but Baker recreated both with his own instruments. They never asked permission from Kraftwerk, however, and when the band reached out to Tommy Boy Records, the label decided to give them a dollar for every copy sold, raising prices to recoup the cost.
The song birthed a genre, electro, and influenced everything from Detroit techno to Miami bass. Years later, Kraftwerk sued another musician over unauthorized sampling, a case that went all the way to Germany’s highest court in 2016.
The "Amen" Break (recorded 1969)
When Washington, D.C.-based soul band the Winstons recorded "Amen, Brother," they couldn’t have predicted the seven-second drum break played by Gregory Coleman would go on to become one of the most iconic, oft-replicated sounds in music.
And yet that’s exactly what happened: After being included in drum break compilations such as Ultimate Breaks and Beats designed for DJs to loop and sample, the "Amen Break" made its way into iconic hip-hop songs from N.W.A. ("Straight Outta Compton"), Mantronix ("King of the Beats,"), 2 Live Crew ("Feel Alright Y’all"), and eventually even the "Futurama" theme song. But the break really exploded in the UK, where British dance music producers, who needed faster tracks for the exploding rave movement, sped the break up. They chopped it until "Amen Brother" was barely recognizable, with other famous breaks like "Funky Drummer" and "Think" getting similar treatment.
Jungle, and its splinter genres drum and bass, and breakcore, resulted, and the breakbeat revolution it unleashed now influences modern pop acts such as PinkPantheress and NewJeans. According to WhoSampled, "Amen, Brother" has been sampled in 6,174 songs, which may be a low estimate.
As the saying goes, however, revolution eats its children. Gregory Coleman, the Winstons drummer who originated the break, never saw a cent of royalties from any of it. He was homeless at the time of his death in 2006, and according to Winstons bandleader Richard Lewis Spencer he had no idea the break had made such an impact. Spencer himself has run hot and cold on the break’s impact, sometimes calling its use plagiarism, but he at least was able to make some money from it: As the last living member of the Winstons, he received $37,000 from a 2015 GoFundMe campaign aimed at repaying some of the lost royalties before he died in 2020.
Biz Markie - "Alone Again" (1991)
In the late '70s and throughout the 1980s, hip-hop flourished creatively as a result of creative sampling. Producers such as Public Enemy’s Bomb Squad created records filled with dozens of samples — a collage-like approach that would influence artists like DJ Shadow and the Avalanches. And yet in 1991, a lawsuit over an uncleared sample threatened to snuff out the entire art form.
Biz Markie, famous for comedic songs such as "Just A Friend," had been dragged into federal court along with Warner Bros. Records for using a portion of "Alone Again (Naturally)," a nearly-forgotten pop song from the ‘70s by Gilbert O’Sullivan. The case was a disaster for Markie and for creativity in general. The court ruled that because the label had reached out to the sample copyright holders, who withheld permission to use the song, and then released it anyway, they were guilty of blatant and willful copyright infringement.
The defense’s argument that unauthorized sampling was widespread in the music industry was rebuffed by Judge Kevin Duffy. In his ruling — which opens by quoting the biblical commandment "Thou Shalt Not Steal" — Duffy wrote that: "The defendants...would have this court believe that stealing is rampant in the music business and, for that reason, their conduct here should be excused."
Markie was ordered to pay $250,000 in damages and referred to (but never charged by) a criminal court on grounds of theft, reeking of racist paternalism. Yet the primary upshot of the decision — that any unapproved sample constitutes copyright infringement — was even more damaging, creating a chilling effect across hip-hop that prevented artists from making full use of the practice’s creative potential. Warner Bros. took the song off Markie’s album, and the rapper famously titled his next record All Samples Cleared!
2 Live Crew - "Pretty Woman" (1989)
Is Luther Campbell, the don dada of Miami bass maestros 2 Live Crew, smarter than the entire Warner Bros. legal team that bungled the "Alone Again" case? Judging by the fact that he managed to drag an uncleared sample case from a much more famous artist than Gilbert O’Sullivan all the way to the Supreme Court — and win — the answer is yes.
Like Biz Markie, 2 Live Crew had asked permission to use a sample – in this case "Oh! Pretty Woman" by Roy Orbison – and was rejected. Perhaps this came as a result of their less-than-family-friendly reputation, as the group had been in and out of the headlines fighting obscenity charges over best-selling album As Nasty As They Wanna Be. Nevertheless, they released the song anyway, and when Orbison’s label eventually sued, Campbell came up with a clever defense: fair use.
Campbell declared the 2 Live Crew song, "Pretty Woman," was a parody of Orbison’s original, and therefore the sample constituted a legal fair use. The case went all the way to the Supreme Court, which reversed an earlier appeals court ruling that said the song couldn’t have been a fair use because of its commercial nature. They also agreed with the initial federal district court ruling that said the 2 Live Crew song was not similar enough to Orbison’s to constitute wholesale infringement.
Ironically, Campbell himself later sued 50 Cent for using "It’s Your Birthday" in his hit single "In Da Club," while 50 later sued Rick Ross for using that song’s beat on a freestyle.
Jay-Z feat. UGK - "Big Pimpin" (2000)
Hov ended up regretting some of the sexist lyrics on this collab with Houston’s Bun B and Pimp C, but the reason he and Timbaland ended up in court over "Big Pimpin" was a contentious sample. The producer had already forked over $100,000 to sample "Khosara Khosara" by Egyptian composer Baligh Hamdi, but this wasn’t enough for Osama Ahmed Fahmy, Hamdi’s nephew.
Citing the Egyptian legal concept of "moral rights," Fahmy claimed in a 2005 lawsuit that the song was unlicensed because Jay-Z and Timbaland had failed to ask permission from Hamdi’s heirs. The suit was left in legal limbo for years before a California judge finally let Fahmy proceed, by which point Linkin Park had also been pulled in due to a mashup of "Big Pimpin" with their single "Papercut." During his testimony four years later, Jay-Z declared he had been unaware that there was even a sample in the song, saying "Timbaland presented me with a track. I didn’t even think about there being a sample."
The case was finally settled in 2018 when an appeals court upheld the original summary judgment in favor of Jay-Z, by which point the song was nearly 20 years old.
Kanye West - "Blood On The Leaves" (2013)
Quite a few of the samples used on Yeezus, Kanye’s incendiary, famously-rushed 2013 album, ended up being unauthorized. West fielded lawsuits from Hungarian prog rock band Omega (sampled on "New Slaves") and the Ponderosa Twins Plus One (sampled on "Bound 2") for using their music without permission. But it was "Blood on the Leaves" which attracted the most attention for its brazen (and fully authorized) appropriation of Nina Simone’s cover of "Strange Fruit," originally made famous by Billie Holiday.
That a famous anti-lynching anthem was used by a mega-famous rapper to decry the materialism and excess rife within hip-hop might have ruffled a few feathers — some conservative critics even argued it was an anti-abortion song — but the song received almost universal praise.
Robin Thicke ft. T.I. and Pharrell - "Blurred Lines" (2013)
True, "Blurred Lines" is not exactly a hip-hop track, but it does feature two rappers, and while not exactly a sample, Robin Thicke and Pharrell’s much-too-liberal "borrowing" of Marvin Gaye’s "Got to Give it Up" changed the music industry irreparably. Certainly, the song was hugely controversial, opening up a pre-#MeToo discourse over its objectification of women and glorification of rape culture that ultimately led to bans. But it was the similarities to Gaye’s song, flaunted by Willams and Thicke in the press, as well as a preemptive legal action against the Marvin Gaye estate, that had a more lasting, damaging impact.
Williams had argued in his initial complaint against the Gaye family that their claim was not based on specific musical elements, but on the face value similarity of the two songs. However, a jury ruled unanimously in favor of the family. The case essentially rewrote the legal precedents of musical copyright law overnight, broadening the scope by which a song might be considered infringement. Thanks to the "Blurred Lines" suit, a musician may live in fear of legal predation simply because their new song sounds vaguely similar to one from 30 or 40 years ago.
Meanwhile, massive investments are being made into older music, partially to make up for this creative chilling effect.
Juice WRLD - "Lucid Dreams" (2017)
There’s nothing particularly incendiary about the plaintive guitar sample from Sting’s "Shape of My Heart" that forms the backbone of Juice WRLD’s emo rap hit. When producer Nick Mira revealed that Sting had taken 85 percent of the rights for the song, however, it became a demonstration of how sampling has become a way for established artists to exploit newer talent.
It also attracted a lawsuit from pop-punk band Yellowcard, who cited similarities to their track "Holly Wood Died." Juice WRLD himself downplayed the situation, saying "There’s always more money to be made." The suit was later dropped after the 21-year-old rapper’s tragic early death in December 2019.
Young Nudy feat. Playboi Carti - "Pissy Pamper" (aka "Kid Cudi") (2019)
One of the most successful unreleased songs in recent memory is also a cautionary tale for keeping leaks under control. The song originally entitled "Pissy Pamper" was a Pi’erre Bourne-produced track originally meant for Sli’merre, his collaborative mixtape with Young Nudy.
With its prominent use of a loop from "Tasogare" by Japanese singer Mai Yamane (best known to anime fans for "Cowboy Bebop" ending theme), the track regretfully never made the record due to sample clearance issue. But somehow, a leaked file made its way onto Spotify, where its killer component, an evocative "baby voice" verse from Playboi Carti at the peak of pre-Whole Lotta Red hysteria.
The rest is history: internet memes, reuploads with Nudy’s parts removed, and so on. Thanks to social media, the song is a generational touchstone that shouldn’t legally exist.