Sampling is what you call it when a musician takes a recognizable piece of music that already exists and incorporates it into their own song. The practice dates back to the 1970s, and the Guinness Book of World Records credits 1971’s “He’s Gonna Step on You Again” by John Kongos as the first track to use a sample. Since then, sampling has evolved into a creative cornerstone of genres like hip hop, rap, electronic music, and even pop. But along with its artistic rise came a wave of legal battles.
Sampling without clearance can lead to serious lawsuits, and music history is full of high-profile court cases over a few borrowed seconds of sound. The early 1990s, often seen as a golden era for hip hop, saw a surge in sampling—and also a surge in lawsuits. Two of the biggest hits of that era—MC Hammer’s “U Can’t Touch This” and Vanilla Ice’s “Ice Ice Baby”—were built on samples from Rick James’ “Super Freak” and Queen and David Bowie’s “Under Pressure,” respectively. Neither sample was cleared beforehand, and that caused some major legal headaches.
Let’s take a look at 10 artists who got sued for sampling—some lost millions, some settled quietly, and a few even changed the industry forever.
1. Vanilla Ice – “Ice Ice Baby” (1990)
Sampled: “Under Pressure” by Queen & David Bowie
Outcome: Settled out of court
Vanilla Ice’s breakout hit “Ice Ice Baby” brought him worldwide fame, but it also brought legal trouble. The track famously used the bassline from Queen and David Bowie’s 1981 song “Under Pressure” without permission. At first, Vanilla Ice claimed the bassline was different because he added a single note, but no one was buying it. The case was quickly settled out of court, with songwriting credits and royalties going to the original artists. The debacle taught the industry a hard lesson: if you sample a massive hit, expect to pay up.
2. MC Hammer – “U Can’t Touch This” (1990)
Sampled: “Super Freak” by Rick James
Outcome: Settled with Rick James receiving credit and royalties
MC Hammer’s most iconic song, “U Can’t Touch This,” features an instantly recognizable riff from Rick James’ “Super Freak.” Initially, the sample wasn’t cleared, and Rick James sued. Rather than drag it through court, the parties reached a settlement. James received writing credit and a large portion of the royalties—eventually making more money from Hammer’s hit than from his own song. It was one of the earliest and most public examples of how lucrative sample lawsuits could be.
3. The Verve – “Bitter Sweet Symphony” (1997)
Sampled: An orchestral version of “The Last Time” by The Rolling Stones
Outcome: Lost rights and royalties
This one’s a cautionary tale. The Verve thought they had cleared the use of a sample from a symphonic version of The Rolling Stones’ “The Last Time,” but they ended up using more than they were allowed. ABKCO Records, which controlled the Stones’ catalog, sued the band and won. The Verve lost all songwriting credits and royalties for “Bitter Sweet Symphony”—a song that became a global hit. Years later, in 2019, Mick Jagger and Keith Richards returned the rights to The Verve’s Richard Ashcroft in a symbolic gesture.
4. Biz Markie – “Alone Again” (1991)
Sampled: “Alone Again (Naturally)” by Gilbert O’Sullivan
Outcome: Landmark court case that changed sampling law
Biz Markie’s unauthorized use of Gilbert O’Sullivan’s 1972 hit sparked one of the most significant court cases in music history. The court ruled in Grand Upright Music, Ltd. v. Warner Bros. Records Inc. that sampling without permission was copyright infringement, plain and simple. The judge even started the opinion with the phrase, “Thou shalt not steal.” This case fundamentally changed the sampling landscape, making it legally mandatory to clear all samples before release.
5. De La Soul – “Transmitting Live from Mars” (1989)
Sampled: “You Showed Me” by The Turtles
Outcome: Sued and settled for a reported $1.7 million
Hip hop pioneers De La Soul sampled a few bars from The Turtles’ 1968 hit “You Showed Me” on their debut album 3 Feet High and Rising. The Turtles sued, and De La Soul ultimately settled for a reported $1.7 million—a massive sum at the time. This case is often cited as a key reason why older hip hop albums are hard to find on streaming platforms; the sample clearances were never fully handled.
6. Kanye West – “Stronger” (2007)
Sampled: “Harder, Better, Faster, Stronger” by Daft Punk
Outcome: Cleared sample, but still faced a lawsuit from a separate party
Kanye West did obtain permission to use Daft Punk’s song, but another wrinkle emerged. Producer Vincent Peters claimed Kanye had stolen the idea for “Stronger” from a demo Peters had sent years earlier. While not about the Daft Punk sample directly, this lawsuit highlighted the murky nature of sampling and inspiration. The suit was eventually dismissed, but it remains part of the complex legal world Kanye frequently navigates.
7. Drake – “Pound Cake / Paris Morton Music 2” (2013)
Sampled: Speech by jazz musician Jimmy Smith
Outcome: Lost lawsuit, ordered to pay $2.7 million
In “Pound Cake,” Drake used a sample of a spoken-word piece by jazz great Jimmy Smith. Although the music sample had been cleared, Smith’s estate said they never gave permission for the vocal portion. A judge agreed, ruling that the use wasn’t protected under fair use and awarded Smith’s estate $2.7 million. It was a harsh reminder that even a few spoken lines can lead to major legal fallout.
8. Lana Del Rey – “Get Free” (2017)
Allegedly sampled: “Creep” by Radiohead
Outcome: Disputed claims, but settled behind the scenes
Lana Del Rey’s song “Get Free” sparked controversy due to similarities with Radiohead’s “Creep.” Though the case never went to trial, Del Rey confirmed that Radiohead’s publishers had threatened legal action. Radiohead denied suing but acknowledged discussions had taken place. Rumors circulated that the band wanted songwriting credit and a percentage of royalties. Del Rey said she offered 40%, but they demanded 100%. The matter was settled quietly, and no official lawsuit appeared in public records.
9. Robin Thicke & Pharrell – “Blurred Lines” (2013)
Inspired by: “Got to Give It Up” by Marvin Gaye
Outcome: $5 million judgment
While not technically a sample, “Blurred Lines” was ruled to have borrowed heavily from the feel and style of Marvin Gaye’s “Got to Give It Up.” The case opened a new legal frontier: infringement based on the vibe of a song. A jury awarded Gaye’s estate $5 million, setting a controversial precedent. Even though no actual sample was used, the court found that the song was too similar to be coincidence.
10. Lil Nas X – “Rodeo” (2019)
Sampled: “Bring the Noise” by Peaches
Outcome: Sued, then settled
Lil Nas X and producer Cardi B were sued over a sample used in “Rodeo” from an early version of the track. Canadian singer Peaches claimed they had sampled her cover of “Bring the Noise” without permission. While the exact details of the settlement remain private, the case was eventually resolved out of court. It was a reminder that even artists known for pushing boundaries have to respect sample clearance laws.
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