Throughout the course of his career, American rapper Kanye West has been recognized for his frequent use of sampling, or the practice of taking of parts from other songs to incorporate into his own. Following the release of The Life of Pablo in 2016, Vice Media wrote: "West's knack for picking samples, both obscure and unexpected, (and the right producers to turn them into chart-topping hits) remains unparalleled."
However, West has also been involved in many disputes, some legal, over the lack of formal authorization for his samples. Several of West's most well-known songs, such as "Gold Digger" and "Bound 2", have been involved in cases of copyright infringement due to issues pertaining to sample clearance, while other samples were still used willfully by West despite him having been denied permission for them. Spanning songs across two decades from Late Registration to the Vultures series, most cases of West's illegal sampling in his music have arrived at private settlements, while others have successfully demanded that songs be withdrawn from circulation or modified under threat of legal action.
The College Dropout TrackSampleRef"We Don't Care""I Just Wanna Stop" by The Jimmy Castor Bunch"Graduation Day""Pomp and Circumstance—March No. 1" by Edward Elgar"All Falls Down""Mystery of Iniquity" by Lauryn Hill"Spaceship""Distant Lover" by Marvin Gaye"Jesus Walks""Walk With Me" by The ARC Choir"(Don't Worry) If There's a Hell Below, We're All Going to Go" by Curtis Mayfield"Never Let Me Down""Maybe It's the Power of Love" by Blackjack"Slow Jamz""A House Is Not A Home" by Luther Vandross"School Spirit""Spirit in the Dark" by Aretha Franklin"Two Words""Peace and Love (Amani Na Mapenzi): Movement IV (Encounter)" by Mandrill"Through the Wire""Through the Fire" by Chaka Khan"Family Business""Fonky Thang, Diamon' Rang" by The Dells"Last Call""Mr. Rockefeller" by Bette Midler
Late Registration TrackSampleRef"Wake Up Mr. West""Someone That I Used to Love" by Natalie Cole"Heard 'Em Say""Touch the Sky""Move On Up" by Curtis Mayfield"Gold Digger""I Got a Woman" by Ray Charles"Drive Slow""Wildflower" by Hank Crawford"My Way Home""Home Is Where The Hatred Is" by Gil Scott-Heron"Crack Music""Since You Came in My Life" by New York Community Choir"It's Your Thing" by Cold Grits"Roses""Rosie" by Bill Withers"Addiction""My Funny Valentine" by Etta James"Diamonds from Sierra Leone""Diamonds Are Forever" by Shirley Bassey"We Major""Action" by Orange Krush"Hey Mama""Today Won't Come Again" by Donal Leace"Celebration""Heavenly Dream" by The Kay-Gees"Gone""It's Too Late" by Otis Redding"Late""I'll Erase Away Your Pain" by The Whatnauts
"Gold Digger" In April 2013, two family members of late musician David Pryor—Trena Steward and Lorenzo Pryor—sued West on the grounds that "Gold Digger" used an unauthorized sample from "Bumpin' Bus Stop," a song from Pryor's group called Thunder And Lightning. Pryor had died in 2006, one year after "Gold Digger" was released; it would take six years until his estate was probated, thus allowing his two family members to file. The lawsuit was filed in the Los Angeles County Superior Court. In it, Pryor's two family members stated that a portion of "Bumpin' Bus Stop" in which Pryor says "get down" three times, which appears 13 seconds into the song, was appropriated for the "Gold Digger" line: "Get down girl, go ahead, get down."
The case was eventually dismissed in 2014. The judge ruled that West's sample was used de minimis, "meaning so short that they didn't count as copyright infringement", and stated that "the average audience would not recognize plaintiffs' song in any of defendants' songs without actively searching for it."
"Gone" In May 2008, Joe Farrell's daughter, Kathleen Firrantello, accused West of having sampled "Upon This Rock," a 1974 song by Farrell, for West's "Gone." Firrantello sought damages up to $1,000,000 and demanded "no more copies of the songs be made, sold or performed." The case also implicated three other rappers and their respective songs: Common's "Chi-City," as well as Method Man and Redman's "Run 4 Cover."
Firrantello and West reached a settlement in 2010.
Graduation TrackSampleRef"Good Morning""Someone Saved My Life Tonight" by Elton John"Champion""Kid Charlemagne" by Steely Dan"Stronger""Harder, Better, Faster, Stronger" by Daft Punk"I Wonder""My Song" by Labi Siffre and "Phantom" by Justice"Good Life""P.Y.T. (Pretty Young Thing)" by Michael Jackson"Barry Bonds""Long Red" by Mountain"Drunk and Hot Girls""Sing Swan Song" by Can"Everything I Am""If We Can't Be Lovers" by Prince Phillip Mitchell"Bring the Noise" by Public Enemy"The Glory""Save the Country" by Laura Nyro"Long Red" by Mountain
808s & Heartbreak TrackSampleRef"RoboCop""Kissing in the Rain" by Patrick Doyle"Bad News""See Line Woman" by Nina Simone"Coldest Winter""Memories Fade" by Tears for Fears
My Beautiful Dark Twisted Fantasy TrackSampleRef"Dark Fantasy""In High Places" by Mike Oldfield and Jon Anderson"Gorgeous""You Showed Me" by The Turtles"Power""It's Your Thing" by Cold Grits"Afromerica" by Continent Number 6"21st Century Schizoid Man" by King Crimson"So Appalled""You Are – I Am" by Manfred Mann's Earth Band"Devil in a New Dress""Will You Love Me Tomorrow" by Smokey Robinson"Runaway""Expo 83" by Backyard HeaviesRick James Live at Long Beach, CA, 1981"Hell of a Life""She's My Baby" by The Mojo Men"Stud-Spider" by Tony Joe White"Iron Man" by Black Sabbath"Blame Game""Avril 14th" by Aphex Twin"Lost in the World""Soul Makossa" by Manu Dibango"Think (About It)" by Lyn Collins"Woods" by Bon Iver"Who Will Survive in America""Comment No. 1" by Gil Scott-Heron
"Blame Game" Richard D. James, known by his stage name Aphex Twin, claimed that West tried to sample the piano melody of "Avril 14th" for his song "Blame Game" featuring John Legend and Chris Rock without compensation. James had offered to re-polish and even re-record "Avril 14th" for West's team, to which West's team acted "rude" toward James and acted as though the sample was theirs to freely use: "They totally didn't even say 'hello' or 'thanks'... they just replied with, 'It's not yours, it's ours, and we're not even asking you any more.'"
Watch the Throne TrackSampleRef"No Church in the Wild""K-Scope" by Phil Manzanera"Lift Off""Sunshine Help Me" by Spooky Tooth"Don't Tell a Lie About Me (and I Won't Tell the Truth About You)" by James BrownVideo of the Apollo 11 launch"Niggas in Paris""Baptizing Scene" by Reverend W. A. DonaldsonBlades of Glory"Otis""Try a Little Tenderness" by Otis Redding"Don't Tell a Lie About Me (and I Won't Tell the Truth About You)" by James Brown"Top Billin'" by Audio Two"Gotta Have It""Don't Tell a Lie About Me (and I Won't Tell the Truth About You)" by James Brown"People Get Up and Drive Your Funky Soul" by James Brown"My Thang" by James Brown"New Day""Feeling Good" by Nina Simone"That's My Bitch""Get Up, Get Into It, Get Involved" by James Brown"Apache" by Incredible Bongo Band"Who Gon Stop Me"I Can't Stop" by Flux Pavilion"Murder to Excellence""LA LA LA" by The Indiggo Twins"Celie Shaves Mr./Scarification" by Quincy Jones"Why I Love You""I <3 U So" by Cassius"Primetime""Action" by Orange Krush"The Joy""The Makings of You (Live)" by Curtis Mayfield"Different Strokes" by Syl Johnson
"The Joy"
In October 2011, blues and soul artist Syl Johnson accused West and Jay-Z of sampling Johnson's 1967 song "Different Strokes" for their song "The Joy". Johnson claimed the sample was used without permission, credit, and payment to him; he additionally stated that West had previously tried to seek permission to sample "Different Strokes" on a song for the 2010 album My Beautiful Dark Twisted Fantasy but was denied back then as well, making his potential copyright infringement willful. The case was filed on October 14 in Illinois federal court. Johnson sought "injunction, actual and punitive damages and attorney's fees."
That December, West and Jay-Z denied Johnson's accusations and claimed he had no copyright to infringe upon due to the song's recording prior to 1972. However, both parties would eventually settle privately for an undisclosed amount in March 2012.
Yeezus TrackSampleRef"On Sight""Sermon (He'll Give Us What We Really Need)" by Holy Name Of Mary Choral Family"I Am a God""Forward Inna Dem Clothes" by Capleton"Are Zindagi Hai Khel" by Manna Dey and Asha Bhosle"New Slaves""HBA War" by DUTCH E GERM"Gyöngyhajú lány" by Omega"I'm in It""Lately" by Kenny Lattimore"Blood on the Leaves""Strange Fruit" by Nina Simone"R U Ready" by TNGHTInterpolation of "Down for My N's" by C-Murder and Snoop Dogg"Guilt Trip"Interpolation of "Chief Rocka" by Lords of the Underground"Blocka" (Ackeejuice Rockers remix) by Pusha T, Travis Scott, and Popcaan"Send It Up""Memories" by Beenie Man"Bound 2""Aeroplane (Reprise)" by Wee"Bound" by Ponderosa Twins Plus One"Sweet Nothin's" by Brenda Lee
"Black Skinhead" Upon the release of "Black Skinhead," many publications reported that the song sampled Marilyn Manson's "The Beautiful People," specifically its drum beat. However, it was revealed that the beat was entirely created from scratch by West.
"New Slaves" On May 20, 2016, Gábor Presser of the Hungarian rock band Omega sued West for using Omega's 1969 song "Gyöngyhajú Lány" in his own song "New Slaves". In his lawsuit filed in United States District Court for the Southern District of New York, Presser sought $2,500,000, stating that after The Yeezus Tour began in May 2013, West's lawyers attempted to quickly resolve any possible disputes with Presser within a 24-hour period by offering a $10,000 check, but Presser never agreed. Specifically, Presser's complaint read: "West knowingly and intentionally misappropriated plaintiff's composition. After his theft was discovered, defendants refused to deal fairly with plaintiff."
West tried to dismiss the lawsuit entirely, as well as relocate it entirely to the West Coast, though both efforts were unsuccessful. Presser's filing in New York City meant that West was demanded to appear there for deposition despite living in Los Angeles with his then-wife, Kim Kardashian, and their two children. However, upon asking for depositions to at least occur in Los Angeles, the judge presiding over the case granted West's request. A trial was then due to begin on May 15, 2017, but in the preceding March, West and Presser settled out of court for an undisclosed amount. Presser's lawyer, Peter Cane, stated that the dispute "has been resolved amicably".
"Bound 2" At the end of 2013, Ricky Spicer, a singer in the group Ponderosa Twins Plus One, sued West for sampling the group's song "Bound" for his own song "Bound 2" without permission. The case was filed in New York, and Spicer sought "an injunction and damages for alleged violations of New York civil right of publicity law... unjust enrichment and common law copyright infringement."
In May 2015, West and Spicer reached a settlement agreement with undisclosed details.
The Life of Pablo