Song Clearance Sheet
3 sources citedThe Payback
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Funk1970s97BPM
F♯ majKey
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The verdict
Documented Sampling History
Confirmed songwriters of record, no formal legal dispute found. The real, three-way disagreement over why the film soundtrack was rejected (Brown’s “too black,” Wesley’s “not funky enough,” Cohen denying both) is a historical/factual dispute between named parties, presented evenhandedly in the Receipts, not resolved by assertion.
Quick Facts
Released1973
AlbumThe Payback
GenreFunk
LabelPolydor Records
ProducerJames Brown
More infoWikipedia → · Discogs →
Who you need to ask
The songwriters of record — James Brown, Fred Wesley & Jabo Starks
Wikipedia → · checked Jul 2026
The current administrator — Not confirmed — originally Polydor; needs a Songview/Discogs lookup
Unknown · checked Jul 2026
Has it been reused?
Yes — one of Brown’s most enduring and sampled records; #1 R&B, Gold.
Do they allow reuse?
No standalone policy found; confirmed writers of record and no formal legal dispute.
Who Owns It
Licenses explained →The two permissions you need, and who holds them
The song itself (the writing)James Brown, Fred Wesley & John “Jabo” Starks
The recording (current administrator)Not confirmed
Receipts
Every public mention of terms, policy, or past deals we've found
A real three-way dispute over the rejected soundtrack — presented evenhandedly
Written for the 1973 film “Hell Up in Harlem,” but the album was rejected. Three named parties disagree on why: James Brown said director Larry Cohen told him it was “too black”; Fred Wesley says Cohen called it “not funky enough”; Cohen denies both, saying AIP execs were frustrated Brown’s previous scores ran too long. Presented with all three accounts, not resolved in favor of any one.
Wikipedia · read it →
A real betrayal, channeled into the song
Per Fred Wesley, Brown had just learned a woman in his camp was seeing singer Harold Melvin — he tossed aside Wesley’s original lyrics (for a song titled “Revenge”) and freestyled what became “The Payback.” 1973 also brought his son Teddy’s death and IRS pressure over $4.5M in back taxes. No lyrics reproduced.
Songfacts / Albumism · read it →
Can You Use It for Free?
How to check PD →Is it public domain?No
Sample History
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Times sampled
A rejected film score turned classic
Covers
—
First flip
Who to Contact
PB
James Brown, Fred Wesley & Jabo Starks (estates)
The confirmed songwriters of record
What they'll chargeNobody's shared numbers yet
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Page history · 2 updates
Jul 2026Page created — full research (Research Queue Batch 9)
Jul 2026BPM/Key pending the automated GetSongBPM/Deezer pass