The lawsuit that "..altered the landscape of hip-hop, finding that all samples must be cleared with the original artist before being used.."
1991
Irish singer/songwriter Gilbert claimed that the song Alone Again (on Biz Markie's "I Need A Haircut") featured an unauthorized sample from his hit "Alone Again (Naturally)". Biz had placed the opening instrumental bars over the Impeach The President drums.
Gilbert - Alone Again
Biz Markie - Alone Again
Here Gilbert explains why he chose to sue Biz Markie:
Rare Gilbert O'Sullivan appearance @ Branchage Film Festival
- "Ill go to my grave defending the song and make sure its never used in a comic scenario"
But then again, this guy also went thru a phase where he thought that this was cool as fuck.
^^^This guy will go to his grave for serious music
In the bigger scope of things, its just a song. Biz Markie was not going to change the way anyone looked at the original Alone Again. I mean, really when was the last time you heard that song anywhere?
While Biz Markie has songs in his catalog that you could easily consider joke rap, Alone Again wasn't one of them. Gilbert's song was about some guy who is talking about killing himself because his girl leaves him. Biz talks about getting left out in the cold because his homeboy got a chick in his car or how Roxanne Shante leaves in a limo, leaving him at a gig to walk home. The subject matter was lighter than the suicidy original, but it's clear that it wouldn't have ruined the 'legacy' of the original song.
O'Sullivan's claim was upheld in a landmark ruling, Grand Upright Music, Ltd. v. Warner Bros Records Inc. In accordance with the ruling, Warner Bros., the parent company of Cold Chillin', had to pull I Need a Haircut from circulation, and all companies had to clear samples with the samples' creators before releasing the records.
The envelope of sampling being pushed by LPs like It Takes A Nation Of Millions, 3 Feet High & Risings , Paul's Boutiques, etc, was now stunted as it became a legal minefield.
Unwittingly, Gilbert ended up ruining an entire creative aspect of music for the sake of one sad forgetful song.
So from all sampling producers everywhere...
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