samples
Universal Music Group wants a federal judge to dismiss a copyright lawsuit claiming Mary J. Blige’s 1992 hit “Real Love” used a famed 1973 funk sample without a license, arguing the accusers have popped up “out of the blue” to sue over two tracks that “sound nothing alike.”
The case, filed in earlier this year by Tuff City Records, claims Blige’s track borrowed from “Impeach the President” by the Honey Drippers — a legendary piece of hip-hop source material with a drum track that’s been sampled or interpolated by Run-DMC, Dr. Dre, Doja Cat and many others over the years.
But in a response on Tuesday, UMG argues that Tuff City’s case is deeply flawed and must be tossed out of court at the outset.
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“Now, more than 30 years after ‘Real Love’ was released, plaintiff appears out of the blue alleging that ‘Real Love’ contains an uncleared sample from ‘Impeach the President,’ with no allegations concerning the works’ substantial similarity,” the music giant wrote. “The absence of that allegation is fatal.”
One key claim in Tuff City’s lawsuit is that UMG’s recorded music unit (UMG Recordings, Inc.) has already reached a settlement regarding the use of the “Impeach” sample on the “Real Love” sound recording, but that UMG’s publishing arm is unfairly refusing to do the same for the musical composition.
In Tuesday’s response, UMG confirmed the existence of that earlier settlement over the sound recording, but said it was entirely separate and complete “irrelevant” to a dispute over the composition. UMG’s attorneys said the settlement did not admit that “Real Love” infringed “Impeach” — but that even if it had, Tuff City was “confusing” a basic distinction that lies at the heart of music copyright law.
“Plaintiff … insinuates that defendant infringes simply because non-party UMG settled plaintiff’s claim of infringement [over] the sound recording,” the company wrote. “Because there exist two separate copyrights in music … a work can readily infringe one without infringing the other.”
Blige’s “Real Love” spent 31 weeks on the Hot 100 in 1992 and reached a peak of No. 7 on the chart. It has remained one of the star’s most enduring hits, with more than 105 million spins on Spotify and a movie adaptation released by Lifetime last year.
Tuff City sued UMG over the track in April, claiming it had “advised defendant repeatedly” about the allegedly uncleared sample, but that Universal had done nothing about it: “Defendant has repeatedly refused to engage plaintiff in substantive negotiations to rectify the foregoing, let alone agreed to compensate plaintiff for the past infringement or on an ongoing basis.”
The lawsuit did not name Blige herself as a defendant nor accuse her of any wrongdoing.
Tuff City, which owns a large catalog of old songs, is no stranger to copyright litigation – filing cases over tracks by Jay-Z, Beastie Boys, Christina Aguilera, Frank Ocean with claims that they featured unlicensed samples or interpolations. The company has even already sued over “Impeach the President,” claiming in a 1991 complaint that it had been illegally sampled on the LL Cool J tracks “Around the Way Girl” and “Six Minutes of Pleasure.”
The company has won plenty of rulings and settlements, but the litigation process has not always gone smoothly. In 2014, a judge dismissed one Tuff City case over Jay-Z’s “Run This Town” on the grounds that any alleged sample was “barely perceptible” after multiple listens. In that ruling, the judge chided Tuff City over its approach to the case, saying it “incorrectly … assumes that every copying of any part of another artist’s protected work is infringement.”
In Tuesday’s motion seeking to dismiss the “Real Love” case, UMG directly cited that 2014 ruling – arguing that the two songs “sound nothing alike” and that Tuff City had failed to argue otherwise.
“Unwilling to learn from the lessons of its past, plaintiff again seeks to assert copyright liability without plausibly pleading substantial similarity with respect to the musical compositions at issue here,” the company wrote. “The copyright claim must accordingly be dismissed.”
An attorney for Tuff City did not immediately return a request for comment.
Many of Burna’s most celebrated songs have borrowed elements from some recognizable U.S. pop, soul and hip-hop favorites.
04/15/2024
Future & Metro Boomin, Drake, Young Thug, Lil Baby, Big Sean and French Montana all have this thing in common in their discography.
04/15/2024
Beyoncé doesn’t just drop albums, she drops incredibly dense, multilayered bodies of work that pull from decades of musical history across genres and regions to fashion something wholly new and idiosyncratic from the legacies of those who came before her. With the release of her eighth solo studio album, Cowboy Carter, on Friday (March 29), […]
During its first week of release, Vultures 1, the first full-length release from the artist formerly known as Kanye West and singer Ty Dolla $ign, changed distributors, was pulled from Apple Music temporarily and got cut by a song to ward off a possible copyright infringement issue brought up by Donna Summer’s estate. So far, the story of the album may be as interesting as the music itself — and Billboard has reported that some samples remain uncleared, which suggests that this could only be the beginning.
Like many hip-hop artists, Ye makes music that involves both snippets of other recordings (samples) and passages of other songs that are re-recorded (interpolations, which confusingly are often referred to as samples as well). Samples generally require a license from the owner of the recording and the underlying composition, while interpolations only require the latter. West seems to have cleared some of the samples and interpolations he’s used, but not all of them.
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There was a time when that would have been dangerous. When the music business was dominated by physical media, rights holders whose work was used without a license had the legal leverage they needed to take most, or even all, of the rights to a song, as ABKCO famously did with the Verve’s “Bitter Sweet Symphony,” which sampled a version of the ABKCO-controlled Rolling Stones song “The Last Time.” The Verve’s only other choice would have been to destroy all existing copies of the album it was on and stop promoting what became its breakthrough hit.
West won’t face those issues, partly because no single song on Vultures 1 depends as much on one sample or interpolation, and partly because the nature of streaming means that most music — most art, really — isn’t ever really final anymore. When the estate of Donna Summer said that West had used elements of “I Feel Love” without a license for “Good (Don’t Die),” the song was simply pulled offline. Uncleared samples could be re-recorded, if West can get permission from a publisher but not a label, or simply replaced by other musical elements. Albums can evolve for legal reasons as well as artistic ones.
This is an extreme example of what seems like a general trend, as is the Travis Scott album Utopia which Billboard recently reported has its own issues with songwriting credits and royalty splits. In this case, Scott worked with producers and co-writers but didn’t finalize all of the relevant agreements. Scott is far from the only artist to deal with this issue. Here, too, Scott’s collaborators could sue — although this would be a foolish move since many of them depend on his star power to market their work and the nature of streaming blunts potential legal threats.
In both cases, the balance of power in a licensing system that initially gave more leverage to songwriters and other rights holders is now tilting toward recording artists, especially powerful ones. That could be bad for other creators, because the less money they make, the more tempted they are to take any deal they can get to keep money coming in. In most cases, delays in negotiation and payment are just that — arranging all the co-writing deals gets very complicated because there’s only so much credit, and thus royalties, to go around. But the way the leverage shifts toward artists doesn’t exactly inspire their teams to deal with this as fast as possible.
The same kind of pressure doesn’t apply to publishers that control interpolation rights for older songs, but it’s important to remember that this money, too, goes to creators — often on better terms than streaming revenue does. Financial issues aside, creators also have the right to decide if they want to be associated with other creators, just as they have the right to turn down advertisement opportunities. In West’s case, Ozzy Osbourne turned down West’s request to sample a live version of “Iron Man,” which he wrote with his bandmates in Black Sabbath, because of West’s antisemitic comments. So West simply went ahead and sampled his own song, “Hell of a Life,” which uses the same riff. Osbourne should be able to prevent that — his team didn’t comment on West’s use of this other song — and he may decide to try.
The music business needs a code of conduct to deal with this situation before it gets any worse. If it’s overly strict to require artists to sort out all rights before the release of an album, a voluntary code could mandate having rough agreements in place or requiring final ones to be completed within a certain amount of time. The idea would be to give artists the time they need to sort out rights issues, within reasonable deadlines that will keep negotiations relatively equitable. If artists can’t figure out the credits issues that get their collaborators paid, maybe they shouldn’t submit their music for the Grammy Awards — which are voted on by other creators — or even be allowed to. The idea isn’t to penalize anyone, just to create a hard deadline.
None of this would address Osbourne’s issue with West, which I can’t help but take more seriously than the others. Think about it: The No. 1 album in the country this week is by an antisemite who has praised Adolph Hitler and the Nazis and will soon headline a major festival. (In December, West apologized for his comments with a statement in Hebrew but it’s hard to know how seriously to take that, considering that this album has a line about how “I just f—ed a Jewish b—-.”) I think it’s possible to enjoy good art made by bad people, and I assume that most people listening to Vultures 1 don’t agree with the crazy things West has said. At the same time, it feels wrong to write about the copyright issues West faces without acknowledging how hateful he has been. Presumably, West will find ways to license the snippets of music he uses on this album or else replace them. But as he faces pushback from creators and rights holders who are reluctant to be associated with him, as Osbourne is, perhaps he’ll begin a more serious effort to make up for some of the awful things he’s said.
Even after Ozzy Osbourne denied Kanye West‘s sampling request on his new album with Ty Dolla $ign, Vultures 1, elements of the Black Sabbath hit “Iron Man” still appear on the album.
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The version of Vultures 1 that West released does not use that sample of Ozzy Osbourne’s solo band performing “Iron Man” at the 1983 Us Festival. Instead, it uses a sample of West’s own track, “Hell of a Life,” released in 2010 with Universal Music Group (UMG), which also includes an interpolation of Black Sabbath’s “Iron Man” guitar riff. This use would likely also require approval from the members of that band — Osbourne, Tony Iommi, Geezer Butler and Bill Ward — all of whom have writing and publishing credits on “Hell of a Life.”
Because “Hell of a Life” includes several samples, there are actually more songwriters on that track than on “Iron Man” alone. They also include swamp rocker Tony White Joe and Sylvester Stewart, better known as Sly Stone. The Stewart song comes from a sample of “She’s My Baby” by The Mojo Men, a band which Stewart played with and wrote for early on in his career. Randall Wixen, founder of Wixen Music Publishing, which represents “She’s My Baby” and controls a 35% stake in the “Hell of a Life” songwriting and publishing, confirms the “Carnival” use was not cleared by his company either.
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“It’s ironic that Kanye replaced the unlicensed sample of the Ozzy Osbourne track ‘Iron Man’ with a sample of ‘Hell of a Life,’ which also samples a song by Osbourne and Tony Iommi,” says Wixen. “So, he’s just substituted one unauthorized Ozzy sample for another and now brought our song into the picture. In a perfect world, all samples would be approved and cleared prior to release. It is basic respect for the songwriter.”
It’s not the only unlicensed use of a song or recording on the record, either. A spokesperson for Primary Wave, which has a partnership with James Brown‘s estate, tells Billboard that a use of The Godfather of Soul’s oft-sampled “Funky President (People It’s Bad)” was not cleared for use on the Vultures 1 track “Fuk Sumn.”
It is not unusual for albums to be released with unsettled songwriter splits, often to writers and publishers’ consternation. It’s less common that an album is released without clearing samples or interpolations, though Rell Lafargue, president and COO of Reservoir Media, says it still happens. But the level of West’s popularity — and notoriety — makes album an extreme example.
West’s team is working with the sample clearance company Alien Music Services to license these works and, according to multiple sources, they have so far secured a patchwork of licenses needed. Some works are cleared, others are not and some only partially. For example, Lafargue says Reservoir is currently negotiating the use of a sample of Brand Nubian‘s “Slow Down,” for the album track “Keys to My Life,” but the deal is not done yet. Multiple sources also say they were only approached with licensing requests after Vultures 1 was released last Saturday. Now the album is a serious contender to debut at No. 1 on the Billboard 200 albums chart next week.
“On the level of Kanye in 2024 to put out an entire album with samples that haven’t even been requested to be cleared, I don’t think I’ve ever really seen that today,” says Lafargue, who helped release De La Soul’s recording catalog to streaming services last year after it was famously tied up in sample clearance issues. “That’s the exception for sure.”
This has already led to problems for the album. On Wednesday, the song “Good (Don’t Die)” was pulled from Spotify following a copyright infringement claim filed days earlier on behalf of Donna Summer‘s estate, and other streaming services soon followed suit. The estate claimed on a social media post that West’s team had asked for permission to use Summer’s iconic hit “I Feel Love” and had been denied, but the album was released with an interpolation on it anyway.
Separately, on Thursday, the platform used to distribute Vultures 1 to streaming services, FUGA, told Billboard it was removing the album from its systems. However, there was no suggestion that was related to sample or interpolation clearance issues. The album is now being distributed by Label Engine, a service owned by Create Music Group.
Che’ Pope from Yeezy Music says that licensing discussions are “in process” for the album and “everything’s in great shape, except for Ozzy Osbourne and Donna Summer.” He says that the Summer use should never have been released, and that the team is working on the “Carnival” issue now. With “Carnival,” Pope says West just needed a “guitar turnaround” on the track (the use appears around 1:43) and they can “figure out a way to play something else there,” unlike with “Good (Don’t Die)” where the interpolation was more material to the song. “There’s a few of us who play guitar,” Pope adds.
West plans to release Vultures as a trilogy project, and Pope says the licensing issues leading up to this album’s release were a matter of which songs were going to make the cut. “We didn’t know what was actually on the album until it got closer to release date,” he says. “So the thing is we had all the samples from what could potentially be all on any of the three volumes.”
It’s rare that streaming services will pull a major artist’s song over an unlicensed sample or interpolation. More typically, a deal is worked out between the artist’s and creators’ teams to put a license in place, and since the track is already out the artist loses leverage in those negotiations and will often give up a larger share of the rights. This was famously the case with The Verve‘s hit “Bittersweet Symphony,” which was based on a sample from a 1965 version of The Rolling Stones‘ song “The Last Time.” Since the band did not clear the song with The Rolling Stones’ former manager, Allen Klein, who owned the copyrights to their pre-1970 songs, frontman Richard Ashcroft was forced to relinquish all publishing to Klein’s company ABKCO Music and the songwriting credits were changed to The Stones’ Mick Jagger and Keith Richards.
While West built a name for himself as an all-time great hip-hop producer with exquisite use of samples and interpolations, with this release that’s been complicated by his recent history of antisemitism, starting in 2022 and after which he was widely condemned and lost numerous business deals. Speaking with Billboard on Feb. 9, Ozzy Osbourne’s wife and manager Sharon Osbourne noted that Ozzy often allows other artists to sample his work, “but the simple thing is, we don’t want to be associated with a hater.”
Sharon Osbourne, who is daughter of the U.K. music manager Don Arden and was raised Jewish, continued, “To spread hate the way he does, it shouldn’t be allowed. All the excuses — he’s bipolar or whatever — doesn’t change that. It’s like, f— you, basically.”
In all, Vultures 1 has at least two dozen samples and interpolations across 16 tracks, according to the website WhoSampled.com and reviewed by Billboard. Those include several uses of West’s own older music, like with “Hell of a Life” on “Carnival” and his 2012 track “Cold” on “Vultures” — all of which would presumably require licenses with UMG, under which he released those earlier recordings. There are also uses of samples from the film Dogma and a TikTok video of a cheer group and an interview with Mike Tyson from a podcast with Hollywood Unlocked’s Jason Lee, who was formerly West’s head of media and partnerships. And, of course, there is a lot of other creators’ music.
Pope says the licensing process on this album has not been “different from any album” prior, but adds that as West’s first proper release as an independent artist after he no longer benefits from easier clearances within the UMG system. (Aside from West’s own tracks, the UMG record samples include “Back That Azz Up (Back That Thang Up)” by Juvenile, “Bring the Noise” by Public Enemy and “Jubilation” by Pierre Henry and Spooky Tooth, among others.) There are also the image issues. “The landscape, his reality is different,” says Pope. “He’s got an uphill battle in certain areas. Clearing samples is never easy, but this one is more challenging just because of how the landscape on everything is.”
Most record labels and publishers contacted for this story declined to comment, with many saying they do not speak on individual licensing deals and that their policy is to follow their artists’ and songwriters’ wishes in these cases. Not every artist and songwriter involved, however, may know that their work is featured on Vultures 1.
Indie R&B artist Dijon posted to Instagram Stories on Feb. 9, a day before the album’s release, suggesting that he was unaware his song “Good Luck” was being sampled on the track “Stars”. (Now Pope says Dijon “should be good,” though, and the artist’s reps declined to comment.) Wixen and Primary Wave only learned of their creators’ uses on the album until Billboard contacted the companies, and considering the complexity of licensing a sample that contains a sample, it’s easy to imagine that some rights holders still don’t know their work is being used.
Edie Brickell & the New Bohemians, for example, according to the Songview database, have songwriting credits on Brand Nubian’s “Slow Down” because it samples their 1988 hit “What I Am.” Universal Music Publishing Group, which reps the band’s publishing on the song did not respond to request for comment.
The song “Fuk Sumn” also samples late Three 6 Mafia member Koopsta Knicca‘s underground single “Smoking on a J,” which itself samples the Days of Our Lives theme song and Isaac Hayes‘ “Walk From Regio’s” off the 1971 Shaft soundtrack, according to WhoSampled.com and Billboard‘s own review.
West’s own “So Appalled” from 2010 is sampled on the track “Problematic,” but that also includes Manfred Mann on the songwriting credits due to a sample of “You Are – I Am,” according to Songview.
All said, a project like Vultures 1 could require upwards of 50 clearances, says Danny Zook, CEO of Alien Music Services. “We are working diligently to clear all the samples on this project,” he says.
The opening seconds of Pink Friday 2 sound a lot more like a Billie Eilish record than a Nicki Minaj one. That’s because the album’s first track, “Are You Gone Already,” is built on top of a sped-up sample of Eilish’s “When the Party’s Over,” particularly its harmonized intro.
But Minaj doesn’t stop there. Nine of the 22 tracks on Pink Friday 2 contain a prominent sample (using a section of a previous recording) or interpolation (using a section of a previous melody or lyric without its original recording) of a previous song, from the Notorious B.I.G. sample in “Barbie Dangerous” to the Blondie sample in “My Life.”
This reliance on sampling and interpolating older songs on Pink Friday 2 will not come as a surprise to anyone who has followed the Hot 100 in recent years. Many of the chart’s top hits this decade were built on top of older songs — for example, take Jack Harlow‘s No. 1 “First Class” (which borrows the chorus from “Glamorous” by Fergie), “I’m Good (Blue)” by David Guetta and Bebe Rexha (which takes after “Blue (Da Ba Dee)” by Eiffel 65 and Gabry Ponte), “Kiss Me More” by SZA and Doja Cat (which interpolates “Physical” by Olivia Newton-John), and even Minaj’s own hit “Barbie World” with Ice Spice (which is based on “Barbie Girl” by Aqua).
Sampling has been around since the advent of hip-hop, but this more recent influx seemed to take root at the turn of the decade due to a convergence of factors. In 2020, amid COVID-19 lockdowns, millions of music fans flocked to TikTok, making it an important destination for music discovery. The app tends to favor songs that feature catchy, short sound bites and sampling is an easy way to catch users’ attention quickly. Meanwhile, pop radio remained cautious about adding new songs into circulation, and recognizable samples became a good short-cut to an earworm hit.
At the same time, the music catalog market grew red-hot. Legends like Bob Dylan and Bruce Springsteen sold their catalogs for some of the highest prices in music history, and those steep price tags encouraged buyers to get creative to earn a return on their investments. Companies like Primary Wave began popularizing “flip camps” — songwriting camps dedicated to encouraging the use of their catalogs in newer songs. Even more catalog owners started creating playlists of their songs that are available to sample and pitch them out to songwriters and producers.
While there are great potential upsides to these samples and interpolations, there’s a catch: Minaj will have to share a sizable portion of her publishing and master ownership with the rights holders of those older songs.
Typically, the more integral the sample or interpolation is to the new song, the more leverage the sample or interpolation rights holders have. Ariana Grande‘s “7 Rings” famously had to cede 90% of its publishing to the owners of the Rodgers and Hammerstein catalog because the melody of “My Favorite Things” was such an essential part of “7 Rings.”
Still, as an executive at Primary Wave told Billboard last year about sampling: “if you’re starting off [the songwriting process] with a hit, that’s a great place to be.”
See below for a breakdown of every sample and interpolation on Pink Friday 2.
1. “Are You Gone Already”Sample: “When the Party’s Over” by Billie Eilish
2. “Barbie Dangerous”Sample: “Notorious Thugs” by Notorious B.I.G. and Bone Thugs-N-Harmony
3. “FTCU” Sample: “Fuck The Club Up” by Wacka Flocka Flame (Ft. Pastor Troy & Slim Dunkin)
4. “Beep Beep”
5. “Fallin 4 U”
6. “Let Me Calm Down” (ft. J. Cole)
7. “RNB” (ft. Lil Wayne and Tate Kobang)
8. “Pink Birthday”Sample: “Pornography” by Travis Scott
9. “Needle” (ft. Drake)
10. “Cowgirl” (ft. Lourdiz)
11. “Everybody” (ft. Lil Uzi Vert)Sample: “Move Your Feet” by Junior SeniorInterpolates: “I Just Wanna Rock” by Lil Uzi Vert
12. “Big Difference”
13. “Red Ruby Da Sleeze“Sample: “Never Leave You Uh Oooh, Uh Oooh” by Lumidee
14. “Forward From Trini” (ft. Skillibeng and Skeng)
15. “Pink Friday Girls“Sample: “Girls Just Wanna Have Fun” by Cindi Lauper
16. “Super Freaky Girl”Sample: “Can’t Touch This” by MC Hammer and “Super Freak” by Rick James
17. “Bahm Bahm”
18. “My Life“Sample: “Heart Of Glass” by Blondie
19. “Nicki Hendrix” (ft. Future)
20. “Blessings” (ft. Tasha Cobbs Leonard)
21. “Last Time I Saw You”
22. “Just The Memories”
Music tech company Splice has partnered with Billboard to exclusively release key data about what sounds have trended among their usership over the last year. This is the first time the company has made their end-of-year data public.
Since its founding in 2013, Splice has offered music makers a constantly evolving sound library of millions of samples and loops for royalty-free use, ranging widely from kick drum to kopuz (a Turkish string lute) samples. Its sounds are widely used by producers of all sizes — from hobbyists in their bedrooms to the talents making Hot 100 hits with Justin Bieber, Bad Bunny, Taylor Swift and Travis Scott.
Splice has users in virtually every country around the world, but it is particularly popular in its top ten markets: U.S., U.K., Germany, Canada, France, Brazil, South Korea, Australia, Italy and India. 44% of its registered users identify as Gen Z.
To organize its ever-growing library, Splice uses a tagging system, adding genre and subgenre signifiers to help users find the sample they need. Some sounds have multiple genre tags. As the company’s creative director of Splice Sounds, Jay “Capsun” Pulman, explains, “when we have sample packs that are released that are tagged as K-pop, for instance, the vast majority of the time, they’ll be made by an artist, producer, or songwriter who is actively involved in K-pop in some way. They’re involved in that scene. The samples come out of the genre, as opposed to tagging every sound that could be used from Splice and made into K-pop.”
In sharing this data, Pulman, says the company can shine a light on the “very starting point of music making…It shows us the start point of where eventual trends bubble, even before getting to see [the trends] in mainstream hits.”
African Music
Most notably, downloads for sounds tagged as “amapiano,” a South African dance music genre often featuring log drums, are up 826% year-over-year. Its searches are up 309%, and it is trending in 17 cities. In Los Angeles, the highest trending city for the genre, its growth is up 1,003% year-over-year. It is also popular among Atlanta producers, surging 956% in the city this year.
According to Pulman, the discrepancy in downloads versus searches for amapiano suggests that users might not know to look up this nascent genre by name through their search bar. However, they’re still gravitating towards it when it’s featured in other ways on the site. On the Splice home page, the Splice team often creates groupings of sounds for different genres, moods and other categories to entice users to download sounds.
In the last year, African music has become popular on the Billboard charts as stars from the continent like Rema, Burna Boy, and Tems, crossed over into the American mainstream. “Calm Down” by Rema, with an assist from popstar Selena Gomez, peaked at No. 3 this year on the Hot 100 and even made the difficult move to No. 1 on the pop radio airplay chart for five straight weeks. In an acknowledgment of African music’s growth, Billboard launched a dedicated U.S. Afrobeats chart in association with Afro Nation, and Billboard reporters Heran Mamo and Dan Rys frequently cover the latest in the genre with their monthly roundup, Afrobeats Fresh Picks.
Amapiano’s growth on Splice represents the continued proliferation of African music globally. To further fuel growth in trending genres, Pulman says Splice’s Sounds team watches their data carefully and hires musicians native to those genres to amass more authentic samples for the platform to offer its users.
Meanwhile, sounds that are tagged as “afrobeats” or “afropop” have declined by 45%, particularly in African metropolises like Lagos, Nigera. Splice believes this is because “users want authentic sounds from more specific Afro genres rather than generic samples that fall under a larger umbrella.”
Hip-Hop / Rap
Hip-hop remains the most popular genre on Splice, accounting for 19% of total downloads. Still, the genre is down 11% from 2022. This may foreshadow continued difficulties for hip-hop music on the charts. This year was widely considered to be an especially stagnant year for the highly-streamed genre, and that was reflected on the Billboard charts: August 2023 marked a full year since a rap song had been No. 1 on the Hot 100 – the first time this has happened in 23 years.
Splice has found that downloads of trap sounds are down by 14% globally since last year, even in the genre’s birthplace of Atlanta, where those downloads fell by 20%. (Meanwhile, Atlanta saw a 50% growth in techno downloads, a 21% growth in dubstep, and a 20% growth in soul).
Still, 86% of Splice users downloaded a hip-hop sample in 2023, and 57% of Splice users told the company in a recent survey that hip-hop interests them most when searching for samples. Pulman adds that producers who are making hip-hop, for example, might use sounds tagged as other genres in eventually creating hip-hop songs.
Phonk
This year, Splice introduced a tag for phonk music, and so far, the genre has seen growth of 1,246% year-over-year to more than 1 million downloads since the tag first became available. (This percentage is available because Splice says it has retroactively applied the “phonk” tag to older sounds in its catalog, created prior to the tag). Phonk samples are trending primarily in cities like Los Angeles, Tokyo, Berlin, Chicago, and Seoul. The new genre, which sounds like slowed down Memphis rap samples set to lo-fi beats, is especially well-known among gamers and car enthusiasts who are passionate about “drifting.” It is often used by those communities to soundtrack their social media videos. While phonk still isn’t well-known among the general public, it’s gained a much wider reach this year, thanks in part to its inclusion on the latest Fast and Furious mixtape, which was released alongside the franchise’s 10th movie earlier this year.
Electronic / Dance
Dance music genres saw a comeback this year on Splice. The company says drum & bass was one of the fastest growing genres this year, ranking as the 10th most downloaded genre in 2023 with 85% growth year-over-year. Jersey Club, a fast-paced subgenre that fuses elements of house and rap, also saw major growth with a 178% increase in downloads year-over-year. It’s trending in Nashville and six other cities.
Sounds tagged as “U.K. garage” are trending in nine cities Pulman says that while “it’s a fairly niche genre, it has made its way into larger genres like K-pop, for instance.” It also made its mark on Western pop through the work of PinkPantheress.
Various subgenres of house are also growing in popularity on Splice. Downloads for house samples are up 27% overall, and searches for the genre are up 17%.
K-Pop
Sounds tagged as “K-pop” have declined 17.97% on Splice in 2023, but the company states that this “may not be indicative of the genre itself declining,” given that K-pop is an amalgamation of various influences spanning from U.K. garage to trap.
In Seoul, the epicenter of the K-pop industry, Splice has seen sounds from amapiano, phonk, Jersey club, Baltimore club, U.K. garage and big room house trend in the last year.
Latin
Despite breakout stars like Peso Pluma and Grupo Frontera hitting the charts this year, Splice has not seen a notable uptick in the use of regional Mexican samples, including the subgenres ranchera, norteño, banda and mariachi. Splice says this is likely because most regional Mexican music makers do not heavily rely on sampling.
Reggaeton sounds saw 23% growth in downloads year-over-year, making it the 29th most downloaded genre on the platform. Reggaeton’s top city on the platform is Los Angeles, where the genre grew 26% year-over-year.
Sounds tagged as “baile funk,” or “funk carioca,” has also grown this year by 107% globally. This is likely thanks to exposure on TikTok with viral hits like “Automotivo Bibi Fogosa” by Bibi Babydoll, Dj Brunin XM, and KZA Produções and “Tuburao Te Amo” by Dj LK da Escócia, Tchakabum and MC Ryan SP. Downloads for the genre have grown especially quickly in Sao Paulo (92%), Mumbai (179%), Tokyo (81%), and Guadalajara (888%).
Country
Country music is not considered a sample heavy genre, but it is still growing among Splice users. Over the last year, Splice saw downloads for sounds tagged as “country” grow by 67%, while searches are up 21%. This mirrors the genre’s growth on the Hot 100 this year as country hitmakers like Morgan Wallen, Luke Combs, Jason Aldean and Zach Bryan became mainstream stars.
Some say imitation is the sincerest form of flattery, but according to a new lawsuit, singer Rick Astley disagrees.
Astley filed a lawsuit Thursday in Los Angeles court claiming that while Yung Gravy and his collaborators secured rights to re-record the melody and lyrics of some of his 1987 hit “Never Gonna Give You Up” for their track “Betty (Get Money),” they recorded it too close to the original and infringed on his “right of publicity” by “flagrantly impersonat[ing]” Astley’s voice.
Recreating the magic of older songs in new hits is not unique to “Betty (Get Money).” It’s common for artists to secure the rights to use the underlying musical work, like Gravy’s team did with “Never Gonna Give You Up,” and re-record portions of the song’s melody, lyrics and more for use in a new song, a process called “interpolation.” Sometimes, this ends up sounding incredibly similar sounding to the original recording, and other times, the team will put its own spin on the old track.
By opting for an interpolation rather than a true sample, teams avoid the tedious and costly process of securing the rights to the original recording as well, a separate right from that of the musical work. With interpolations, only the songwriters and publishers involved in writing the song have to approve of the new use of their song, not the singer. Interpolations also have the added bonus of providing producers with more flexibility and creativity. But now Astley’s lawsuit has music executives questioning if it could “open the floodgates” to litigation or at least tamp down the practice.
To the average listener, the “Betty (Get Money)” intro hinges on what sounds like a direct sample of “Never Gonna Give You Up.” But, as Gravy told Billboard months ago, he and his collaborators instead “basically remade the whole song,” in the studio. “[We] had a different singer and instruments, but it was all really close because it makes it easier legally,” he said.
Similarly, “I Like It” by Cardi B, Bad Bunny and J Balvin is widely believed to include a sample of of “I Like It Like That (A Mi Me Gusta Asi)” by Pete Rodriguez, but the iconic-sounding recording is also a dupe. In an interview with The Verge, the song’s engineer, Leslie Brathwaite, explained that, “a lot of people think that’s the actual sample, but it was actually replayed. Craig [Kallman, chairman of Atlantic Records and one of the track’s producers] hired people to replay every aspect of that sample, and it turned out to be like, 60 tracks worth of stuff… because they didn’t want to clear the sample.”
Nick “Popnick” Seeley, the producer who recreated Rick Astley’s voice for “Betty (Get Money),” told Billboard in a previous interview that he was also part of the replay process for “I Like It” by Cardi B, along with “Dirty Iyanna” by Youngboy Never Broke Again (which replays “Dirty Diana” by Michael Jackson). “I have a knack for vintage stuff… this is a really cool way for me to participate in what’s going on in pop music right now,” he said in the past interview. (Seeley is named alongside Gravy, fellow collaborators Dillon Francis and David “dwilly” Wilson, and Republic Records as defendants in the lawsuit. He declined Billboard’s request for comment.)
Danielle Middleton, senior director of producer/songwriter management firm Page 1 and former A&R at Sony Music Publishing, notes that sampling and interpolation is bigger than ever. “Nostalgia is huge right now,” she says. With songs like “First Class” by Jack Harlow (which features a sample of “Glamorous” by Fergie), “I’m Good (Blue)” by David Guetta and Bebe Rexha (which interpolates “Blue (Da Ba Dee)” by Eiffel 65, Gabry Ponte), “Big Energy” by Latto (which borrows from “Genius of Love” by Tom Tom Club, which is also featured in “Fantasy” by Mariah Carey) and more dominating the Hot 100 in recent years, many artists are looking to quickly jump onto the trend by flipping familiar tunes into something new.
Music attorney Todd Rubenstein wagers that most music creators have likely not considered there could be any legal risk in creating closely imitated interpolations. Producer Marc “Fresh2Def” Soto, half of duo ClickNPress and has worked with J. Cole, Queen Naija, and Alessia Cara, says music execs have often encouraged him to convert samples into interpolations. “A record label will be like, ‘Hey we can’t get the clearance for the sample, but we can get an interpolation, would you be able to replay XYZ thing?’ I’ve been through that on several records with different labels.”
While Soto explains it’s not unheard of for a producer to strive for an exact dupe, far more commonly, he says, producers will make small changes to create distinction. Soto also says an exact imitation is often nearly impossible, anyway. Without access to the same studios and equipment as the creators of a track made decades ago did, re-recordings usually sound different from the original track, even if the attempt was to imitate. It’s most common to hear imitations of guitar parts, drum loops and other instrumentals. Vocals are more rare.
One publishing executive, who spoke to Billboard on the condition of anonymity, says they feel switching out a sample for a close interpolation is not just used to speed up licensing and save money. It’s also incredibly common for “creative reasons,” allowing the producers to control the parameters and tone of each individual element of the song.
In a previous story with Billboard, Primary Wave, the company that owns the rights to “Never Gonna Give You Up” songwriter Pete Waterman’s catalog, explained that the creation of “Betty (Get Money)” was part of a strategy the company has been working on for the past few years. In hopes of boosting the popularity and earnings of their catalog, the team will encourage artists and producers to interpolate or sample from songs they hold some or all rights to.
So far, the technique has been quite successful for Primary Wave. In addition to “Betty (Get Money),” this strategy has produced songs like “Just Can’t Get Enough” by Channel Tres (which sampled Teddy Pendergrass’s “The More I Get The More I Want”), “Thought It Was” by Iann Dior and Machine Gun Kelly (which interpolated the melody of Semisonic’s “Closing Time”) and “What a Night” by Flo Rida (which borrowed from Frankie Valli’s “Oh What A Night”). Primary Wave was not named in this lawsuit.
According to the lawsuit, Astley’s lawyer claims the singer has been “looking to collaborate with another artist and/or producer to create something new with his voice from ‘Never Gonna Give You Up’,” but because of the “nearly indistinguishable” imitation of Astley in “Betty (Get Money),” his opportunities to do this have been “obliterated.”
While Milk & Honey founder Lucas Keller says the popularity of Yung Gravy’s tune with such a prominent interpolation of “Never Gonna Give You Up” may hinder opportunities for a major sample placement for Astley’s original tune in the short term, the other publishing executive adds that they believe the opposite is true long-term. “If you’d look at James Brown or Parliament Funkadelic or any number of people that are often sampled, I feel like statistically, the more your work is used, it means you’re more likely to get sampled again.”
As to the lawsuit, Keller, who manages a number of top producers, says it “could set creators back.” The publishing executive agrees, arguing the case could scare creators and hinder creativity in sampling, covering and interpolating.
Soto says this would not be the first time a lawsuit affected producers in recent years, citing the controversial Blurred Lines trial, which claimed the Hot 100-topping hit of that name by Robin Thicke, Pharrell Williams, and T.I. plagiarized the composition “Got To Give It Up” by Marvin Gaye because some felt it centered on similar feels of the two songs — perhaps widening what elements are protected under copyright law. The same lawyer who represented the Gaye family in that trial, Richard Busch, is representing Astley in his lawsuit. With this case, Soto adds, “We might get to a place where things start to feel like, ‘Why am I interpolating anyways when I might get sued?’”
Even if Astley and Gravy settle out of court, Rubenstein believes we’re likely “going to see other lawsuits off the back of this lawsuit” from artists who feel emboldened to fight imitations or similar-sounding interpolations of their voices in songs they were not a part of. He says, “I could see older artists that had this happen to them in the past realize, ‘Hey, I have the same claim.’”
Busch, Republic Records, Primary Wave, and Gravy did not respond to Billboard‘s request for comment.
Over the past several years, songwriter-producer Rogét Chahayed has played an integral role in crafting memorable hits for some of music’s biggest names. Despite studying classical music, his work spans genres including pop, rap and R&B — and often blends all of them together, as has been the case with songs including Travis Scott and Drake’s “Sicko Mode,” Doja Cat and SZA’s “Kiss Me More” and DRAM and Lil Yachty’s “Broccoli.”
His ability to create sticky melodies has also led to working with Halsey, Calvin Harris and BTS, among countless others, and in 2021 he earned his first nomination for the Grammys’ producer of the year, non-classical. But in 2022, some of Chahayed’s greatest success came instead from sampling decades-old and recent hits alike, leading to another banner year for the Los Angeles native. He worked extensively with Jack Harlow, executive producing the rapper’s Come Home the Kids Miss You album, which yielded the Fergie-sampling “First Class” that spent three weeks at No. 1 on the Billboard Hot 100 (Fergie’s “Glamorous” also reached the top of the chart in 2007). Soon after, he teamed back up with Doja Cat to co-produce “Vegas,” paying homage on the Elvis soundtrack to Presley’s “Hound Dog.”
“Coming from a guy who never really uses samples, it was a very interesting approach for me musically to be like, ‘Oh it’s not all about you. Let’s just make some this sound good and amplify that,” says Chahayed.
Below, the Grammy-nominated hit-maker tells Billboard about the creation of “First Class,” the moment he knew it was going to take off and why samples and interpolations have defined the charts for so much of 2022.
How did the idea to sample Fergie’s “Glamorous” come about?
Around April 2021, Jack presented us a list of songs and was like, “I want to find ways to chop these up and put them in [Come Home the Kids Miss You],” because they’re a big reflection of the stuff he grew up listening to. One day, Angel Lopez, who was also an executive producer on the album, pulled up Fergie’s “Glamorous” because Jack had sent it to him and chopped up the main hook where she spells it out. We basically just had the sample and some drums to start, and Jack came up with that hook. We added everything else after, which is sort rare — most of the time, people have the entire beat done and then write a hook. We dissected it piece by piece and took our time to find the right groove for it.
Do you remember the first time that you heard the original? What was your instant reaction to the idea of sampling it?
I remember being a senior in high school or a freshman in college, and at the time, I was studying classical music, so I wasn’t really in my “I love hip-hop” or “I love pop” phase yet. But I remember hearing the song at that time and then when they pulled it up again, it was a crazy flashback. That was a really cool thing to be able to bring something familiar back and not only get people who grew up listening to the song but also put the new generation onto the stuff that we listened to when we were younger.
You’ve said previously that you wanted to make “First Class” feel like it was “going somewhere.” What was the process translating that idea into a finished product?
When the sample was being chopped, it was pitched down, so it gives it this older kind of texture. Jack had such a specific mindset about structure — every single sound and drum and snare that you hear on the entire album, he approved. In the beginning, it was a struggle to find what we wanted. I tried a bunch of different synths and then, with the help of [co-producers] Jasper Harris and Charlie Handsome, we inspired each other. Jack loves organic instruments. You hear a lot of piano, strings and real bass lines on the album because we really wanted to bring the idea of having riffs in a song again. That’s just identifiable music. We didn’t want to make another album with a bunch of trap beats. We shot for something different.
When we started finding the groove of the song, we had the idea of making it feel like a rap song, but the structure is very pop: You have your verse, your pre-chorus where you put those beautiful strings in and give this little classical touch, and then it goes into the hook. So when the second verse happened, Jack was like, “I want to do something different here. I want it to switch up.” We made a new section where we took the kick out. It’s cool because it leaves the listener waiting for that hook to come back. It pulls you in.
Were there any other notable challenges throughout the process?
The sample clearance was actually smooth. Jack has such a good reputation, and between his team and everybody’s connections, it was pretty easy to get that part of it cleared. The worry was there for every song that had a little sample in it, even if it was an interpolation [or] a melody, but luckily, everyone involved in the original — Fergie, [co-producer] Polow da Don, [co-writer] will.i.am — was so cool and grateful to be a part of it. I think the biggest concern was in the beginning, before we found what the song was going to be. Every day something different was being added and things were changing. I was like, “I don’t know, this song just feels so smooth, almost laid-back in a way. Are people really going to party to this?” I had my doubts. Over time, the more we kept listening to the finished product and getting other people’s opinions on it, I was starting to see the big picture. And then, when Jack filmed the little snippet that he put on Instagram that went viral — so viral that people were ripping the audio off the post and making TikToks with it — that’s when all my worries went down the drain. We were so proud of what we did and that we were able to take that smooth groove to the top of the charts.
You’ve mentioned how hands-on Jack is in the studio. Tell me what it was like working with him.
I told him, “The way that you operate in the room reminds me of when I used to work for Dr. Dre.” He thinks and operates like a producer. I’ve worked with a lot of artists who are very passive; Jack is concerned about the outro or the intro and we’ll sit there and contemplate for months, like, “Is this right? I don’t think this is right. Okay, let’s switch it.” There are songs that we liked for 2-3 months, and then 6 months later, he’s like, “I can’t believe we had that in there.” It was an unbelievable thing to experience such a talented young artist like him. He was very accepting of everybody’s process and combining it with his own view.
You also co-produced Doja Cat’s “Vegas” from the Elvis soundtrack. How much can the process of making a sample work vary from song to song?
The situation has to be good. You gotta do justice to the [original] song. You don’t want it to be some kind of meaningless, whatever attempt at making a hit. It’s like having a weapon: You have to use it with the right intentions and only in the right circumstances. You don’t just want to go out there and show and tell everybody about it. With “Vegas,” we were luckily set up in that situation by Baz Luhrmann, who directed the Elvis movie. He had gotten in touch with Yeti [Beats], who is one of my close friends and production partners working with Doja, and he hit me up the day I found out that I got the producer of the year nomination last year.
Baz is such a cool dude. He was like, “I don’t want it to be an Elvis song. I want it to sound like a Doja Cat song.” Yeti had the sample chopped up and he put a beat to it. I put in the staccato piano and little cool twangy guitar things and little bells and stuff that make her feel like this is her world still, but we’re living in that universe of Elvis. When you’re in the situation of sampling a song, you’ve got to honor the content in the sample, somehow. Jack plays along so well with “First Class” and dances around the spelling of “glamorous,” and that’s what makes it so cool — he’s not trying to steal the show. And with Doja, it was playing with the [lyric] “You ain’t nothing but a hound dog,” but switching it up to her thing. Coming from a guy who never really uses samples, it was a very interesting approach for me musically to be like, “Oh it’s not all about you. Let’s just make some this sound good and amplify that.”
Why do you think that samples and interpolations have had such an impact on popular music and the charts this year?
It’s an interesting time because it’s nothing that hasn’t been done before. We hear samples all the time, we hear interpolations, we hear melodies from the past come back to life in a new form. But I think something about this past year … so many songs are being brought back. I think it’s fun and refreshing to tap into that. We were locked away for a year, and I feel like during that time, music and life was kind of this stale, uncertain moment. Once everybody was back outside, it was very energetic. Everybody wants to be reminded of the good times, because when you hear a song that you grew up loving, you’re instantly taken to another place.
Do you think the trend will continue into 2023?
I think it’s going to continue on for even longer. I’m an avid listener of everything that comes out just to hear, “What are people thinking, what are they doing?” I feel like I’ve been hearing a [sample] every week. I think it’s going to keep going. And I think it’s going to be another great option [for creating] something that’s going to hit right away. Tap back into your past. Tap back into the things that you love — with your own twist.
A version of this story originally appeared in the Dec. 10, 2022, issue of Billboard.