The Chokin' Kind cover art
Song Clearance Sheet
5 sources cited

The Chokin' Kind

Country1960s
The verdict
Documented Sampling History
A confirmed songwriter of record (Harlan Howard), no dispute found — a clean cross-genre standard (Waylon Jennings → Joe Simon’s Grammy-winning 1969 #1 R&B) with extensive legitimate cover history.
Used by independents?
Unconfirmed — the page doesn't yet document enough sampler detail to tell.
Quick Facts
Released1967
GenreCountry, R&B
Who you need to ask
The songwriter of recordHarlan Howard’s estate
Countrymusichalloffame · checked Jul 2026
The current administratorNot confirmed — needs a Songview/Discogs lookup
Wikipedia · checked Jul 2026
Has it been reused?
Yes — a cross-genre standard: Waylon Jennings (1967), Joe Simon’s Grammy-winning #1 R&B (1969, RIAA gold), plus Charlie Rich, Ella Fitzgerald, Joss Stone, Tanya Tucker and more.
Wide Open Countrychecked Jul 2026
Do they allow reuse?
No standalone policy found; a confirmed songwriter of record and a deep legitimate cover history — no dispute.
Wikipediachecked Jul 2026

The two permissions you need, and who holds them

The song itself (the writing)Harlan Howard (estate)
The “dean of country songwriters” (also “I Fall to Pieces,” “Heartaches by the Number”). First recorded by Waylon Jennings (1967, #8 Hot Country); Joe Simon’s 1969 R&B version won the 1970 Grammy for Best R&B Vocal Performance, MaleCountrymusichalloffamechecked Jul 2026
The recording (current administrator)Not confirmed
Needs a direct Songview/Discogs lookup. No dispute foundWikipediachecked Jul 2026

Receipts

Every public mention of terms, policy, or past deals we've found

A direct connection to another song in this cluster

Allen Toussaint recorded his own version of this song — the same Allen Toussaint who wrote “The Greatest Love,” another track on The Winstons’ 1969 album that this song also appears on.

Harlan Howard Songs · read it →
Extensive cover history

Covered by Charlie Rich (a 1970s country hit), Ella Fitzgerald (on “Misty Blue”), Joss Stone (2003), and numerous country artists including Vern Gosdin, Tanya Tucker and Kitty Wells.

Wide Open Country · read it →
Joe Simon’s other work has been sampled in hip-hop

Not this specific song, but other Joe Simon recordings have been sampled — OutKast sampled “Before the Night is Over” in “So Fresh, So Clean,” and Lil’ Kim sampled “It Be’s That Way Sometimes” in “Magic Stick” — worth noting as related artist context.

Funk My Soul · read it →

Can You Use It for Free?

How to check PD →
Is it public domain?No
Compiled from public sourceschecked Jul 2026

Sample History

Times sampled
Waylon Jennings · Joe Simon · Charlie Rich · Ella Fitzgerald · Joss Stone
Covers
First flip

Who to Contact

HH
Harlan Howard’s estate
The confirmed songwriter of record
Confirmed · checked Jul 2026
What they'll chargeNobody's shared numbers yet
Cleared this one? Tell us what you paid →

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References

Every source cited on this page — 5 in total

Page history · 2 updates
Jul 2026Page created — full research (Research Queue Batch)
Jul 2026BPM/Key pending a separate manual keyfinder pass
Last checked Jul 2026 · Compiled from Wikipedia, Wikidata, Discogs, MusicBrainz, Nolo, Stereogum, Songfacts.
This page is informational, not legal advice — always confirm current rightsholders before release.
ConfirmedReportedUnknown