The verdict
Documented Sampling History
A confirmed composer (Herbie Hancock), with proper songwriting credit carried through to the sampling hit — Us3's “Cantaloop,” released on the same label (Blue Note). No dispute found.
Used by independents?
No — no independent use documented so far; only major-label artists.
Quick Facts
Released1964
AlbumEmpyrean Isles
GenreJazz
LabelBlue Note Records
Recorded atVan Gelder Studio, Englewood Cliffs, NJ
More infoWikipedia → · Discogs →
Who you need to ask
The songwriter — Herbie Hancock
JazzSkool Fandom → · checked Jul 2026
The current administrator — Not confirmed — Blue Note's catalog passed through Capitol/EMI/Universal; needs a Songview/Discogs lookup
Wikipedia → · checked Jul 2026
Has it been reused?
Yes — extensively adapted (Donald Byrd, Hugh Masekela, Jean-Luc Ponty & George Duke, El Chicano, a 1975 vocal version by Mark Murphy) and famously sampled by Us3 for “Cantaloop (Flip Fantasia)” (1992/93), a US Top 10.
Do they allow reuse?
No standalone policy found, but the flagship sample was an in-label reuse with proper songwriting credit carried through — a clean precedent.
Related Songs
Same album, answer records, and songs worth knowing about
1992/93 — the US Top 10 hit built on Hancock's piano vamp, with proper songwriting credit
Who Owns It
Licenses explained →The two permissions you need, and who holds them
The song itself (the writing)Herbie Hancock
A notable rights dynamicBoth the 1964 original and the 1992 Us3 sample that reused it were released on the same label — Blue Note — an in-house catalog reuse rather than a cross-label licensing negotiation, likely making clearance more straightforward than a typical sample deal.
Credit carried through to the derivative“Cantaloop (Flip Fantasia)” credits four songwriters — Hancock (for the sampled composition) alongside Us3’s Rahsaan Kelly, Geoff Wilkinson and Mel Simpson — a genuine songwriting credit, not just a one-time licensing fee.
The recording (current administrator)Not confirmed
Receipts
Every public mention of terms, policy, or past deals we've found
Proper credit carried through to the sampling hit
Rather than a one-time licensing fee, Hancock received a standing songwriting credit on Us3’s “Cantaloop,” alongside the producers who added original elements.
Wikipedia (Cantaloop) · read it →
A sample-of-samples within the derivative track
“Cantaloop” also separately samples a Pee Wee Marquette spoken announcement from a different 1954 Blue Note album (Art Blakey’s “A Night at Birdland, Vol. 1”) — a layered-sampling situation like Apache and Take Me to the Mardi Gras elsewhere in this catalog.
Wikipedia (Cantaloop) · read it →
Still in active use today
Continues to be used as bumper/interstitial music on NPR and remains a staple of jazz education and ensemble repertoire worldwide.
JazzSkool Fandom · read it →
Can You Use It for Free?
How to check PD →Is it public domain?No
Sample History
—
Times sampled
Hugh Masekela · Jean-Luc Ponty · El Chicano · Us3 (sample)
Covers
1992
First flip
Big names who used itUs3
Who to Contact
HH
Herbie Hancock
The songwriter of record
What they'll chargeNobody's shared numbers yet
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Page history · 2 updates
Jul 2026Page created — full research (Deep Batch 3)
Jul 2026BPM/Key pending a separate manual keyfinder pass