Sampling became popularized with HipHop and grew with the artform. The art of sampling truly began in the Bronx and was used by HipHop DJs who were trying to use the break beats in popular music to emulate the work of DJ Kool Herc and Grandmaster Flash. This was the easiest way to create a HipHop beat in the early days and without this technique, the genre would not exist today. Sampling allowed for artists to build to their musical vision.
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Groups such as NWA thrived off of the use of samples, with their producers using them as a backbone for their songs (such as the one above).
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In 1990, Dr. Dre sampled a two second guitar chord from Funkadelic’s “Get Off Your Ass and Jam” for NWA’s title track, “100 Miles and Runnin’.” The sample was cut from the original song, pitched down and looped. However, they still recognized that it was from their song. Problems did not arise with the use of the sample until the song was licensed for the 1998 movie, I Got the Hook-Up. When Bridgeport Music heard the song, they realized they should be getting paid for the use of the song.
They stated that artists should “get a license or do not sample.” In the Bridgeport Music, Inc. v. Dimension Films court case, NWA was being sued for “illegally” sampling a two second guitar chord from Funkadelic’s “Get Off Your Ass and Jam” in their 1990 song “100 Miles and Runnin’.” Even though Dr. Dre had pitched down the two second sample, Bridgeport Music still believed that they were entitled to payment. They sued and a judge found that the NWA did not need to pay Bridgeport Music. This was not the end. Bridgeport Music filed an appeal and brought the issue to a US Court of Appeals which then ruled in their favor saying that NWA and Dimension Films had violated the copyright of the sound recording. The effects of this case nullified the de minimis doctrine and states that “usage of any section of a work, regardless of length, would be in violation of copyright unless the copyright owner gave permission”