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The two permissions you need, and who holds them
Every public mention of terms, policy, or past deals we've found
Widely credited as the ruling that changed industry practice: before it, sampling without clearance was common; after it, clearing a sample before release became a practical requirement for major labels.
Markie’s attorneys wrote to O’Sullivan’s brother/agent requesting permission; O’Sullivan explicitly refused, reportedly feeling the comedic treatment of his serious original would tarnish it. Markie used the sample anyway.
Biz Markie’s next album, released after the case, was pointedly titled “All Samples Cleared!” — a direct, funny acknowledgment of the lawsuit’s impact on his career.
At least one legal scholar criticized Judge Duffy for never examining whether unauthorized use of just three words and a short musical phrase truly met the bar for infringement, arguing the ruling read more as moral judgment than rigorous analysis. Presented as a real documented perspective, not the only reading.
A separate 1991 suit by members of The Turtles against De La Soul over uncleared samples on “3 Feet High and Rising” reportedly settled out of court for as much as $1.7 million, rather than going to trial like this case did.
Every source cited on this page — 7 in total