Kanye West, Big Sean and Jay-Z
Clique

Peetz said on Monday, 20 May 2013:
It seems to me that people are getting the copyright protection of the sound recording confused with the copyrights to the underlying composition. When it comes to sampling (and especially direct sampling), it is quite important to be aware of the fact that sound recordings and their underlying musical compositions are separate works with their own distinct copyrights.

In the Bridgeport case (410 F.3d 792, 6th Cir. 2005), the court made it very clear that:

"The analysis that is appropriate for determining infringement of a musical composition copyright, is not the analysis that is to be applied to determine infringement of a sound recording. We address this issue only as it pertains to sound recording copyrights."

In other words, the categorical opinion that was set forth in the Bridgeport decision ("Get a license or do not sample"), relates only to the sound recording copyrights. The court readily admits that the question whether an unauthorized use of a digital sample infringes a musical composition "may require a full substantial similarity analysis".

No one can claim the copyrights to a single word (e.g. in this case the word "hey") as a musical composition, but a record producer does in principle have the copyright to even this small part of the sound recording.

For an interesting case about the possible copyright infringement of the musical composition, see Newton v. Diamond, 204 F. Supp. 2d 1244 - Dist. Court, CD California 2002, concerning Beastie Boys' use of a six-second flute stab from James Newton's "Choir" in their 1992-single "Pass the Mic".

MrBlondNYC said on Monday, 19 November 2012:
It can be allowed under a fair use defense which was not used in that case. That is how Luther Campbell won his case regarding his sample of Roy Orbison's Pretty Woman. The court ruled that just because Campbell sampled it without permission and made money that doesn't mean the use was not fair.

http://en.wikipedia.org/wiki/Campbell_v._Acuff-Rose_Music,_Inc.

The NWA case was in 2005 and there has yet to be a successful lawsuit in the US since regarding the sample of one note or one word.

CellarDoor said on Monday, 19 November 2012:
The conclusion of the lawsuit is, clear it, regardless of length. One note also has to be cleared because it violates the copyright of the recording. I'm not talking about replaying one note or one word, i'm talking about direct samples. Of course it gets hard to prove a that a snare hit was taken from another recording, but something like a James Brown vocal is provable. Just because most original creators don't file lawsuits on such small samples and many sampling artists get way with it doesn't mean that it is allowed.

MrBlondNYC said on Monday, 19 November 2012:
@CellarDoor, listen to the Funkadelic sample. That is not one note or one word. You are misrepresenting what I said. @MasterJ24, anyone can sue anyone. Whether they will win is a different story.

MasterJ24 said on Monday, 19 November 2012:
@MrBlondNYC James Brown was the one who wrote that song so James Brown didn't get any writing credits so his estate can sue G.O.O.D Music

CellarDoor said on Monday, 19 November 2012:
If you want info on copyright law read the Wikipedia here:
http://en.wikipedia.org/wiki/Bridgeport_Music,_Inc._v._Dimension_Films

"Debunking the Top Three Myths of Digital Sampling: An Endorsement of the Bridgeport Music Court’s Attempt to Afford “Sound” Copyright Protection to Sound Recordings" by Tracy Reilly is a scientic paper on the case.

The essence is: Regardless of length, if it's a direct sample you have to clear it.

Mr Blond is spreading dangerous misinformation by declaring those samples as free to take. It's simply not true.

Jay Gumbs said on Monday, 19 November 2012:
Oh and I meant "Why do we want to see hip hop artists get SUED anyway?

MrBlondNYC said on Monday, 19 November 2012:
Everybody has. "Hey!", "Nasty!" and the drum loop in the beginning are among the most sampled bits ever. That's why they get sampled so much. You don't have to pay for them.

Jay Gumbs said on Monday, 19 November 2012:
Why do we want to see hip hop artists get sampled anyway? A comment like that is the reason why people don't want to see Whosampled progressing and the reason why artists are asking for protected profiles.

Jay Gumbs said on Monday, 19 November 2012:
Ye been sampling that vocal for a while so I don't think it's a problem for him.

MrBlondNYC said on Monday, 19 November 2012:
It doesn't matter. Sampling the word "Hey" from anyone isn't enough to have to give songwriting credit. If the sample was James Brown singing "Hey! I feel good!", then that's a different story. A sample has to be a significant portion so that the original songwriter can claim credit. Sampling one word is like chopping notes. No one can claim one note or one word.

Soob said on Sunday, 18 November 2012:
@MrBlondNYC, But it's not an interpolation - this is a direct sample :)

MrBlondNYC said on Sunday, 18 November 2012:
James Brown didn't invent "Hey".

MasterJ24 said on Saturday, 17 November 2012:
What i don't get is that James Brown didn't get writing credits for this sample cause i think his estate can sue Kanye. How did G.O.O.D music get away with this sample?

galwegian said on Sunday, 09 September 2012:
Was B.I.G. sampled in Clique?

http://youtu.be/hFAq5mBWDq4

Drpepperfan said on Friday, 07 September 2012:
Yeah, I'm pretty sure SCF. At least, I was.....

@PeamealBacon said on Friday, 07 September 2012:
Same as New God Flow

Screw you DPF said on Friday, 07 September 2012:
You sure DPF? I can't hear it....