“Transmitting Live From Mars,” by De La Soul, and “You Showed Me,” by the Turtles - Evan Cohen of Los Angeles was a fan of New York-based hip-hop group De La Soul and had bought its 1989 debut album, 3 Feet High and Rising, right after its release. A lawyer in a firm with his father, who represented the Turtles, Cohen was stunned. After rushing back to the office, he realized that De La Soul had used an unauthorized sample of the Turtles’ 1968 recording of “You Showed Me,” a song originally co-written by Jim (later “Roger”) McGuinn and Gene Clark of the Byrds. Cohen filed suit against De La Soul and its record label, Tommy Boy Records. The parties ultimately settled out of court but not before establishing a precedent that artists and labels will obtain permission and pay for samples before using them on a new recording. Now, there are companies whose main purpose is to obtain copyright clearance for samples.
Read our related cover story: “Lawyers, songs and money: Music that changed the law”