Jay-Z is no stranger to legal hassle, but the latest legal entanglement the rap mogul faces might just be the greatest reflection of a problem that continues to crop up in hip-hop — and just how big of a problem it is. It’s an issue that has plagued hip-hop since its ascent in the ‘90s, a conflict that is imprinted into the genre’s DNA, and that may not have a real fix anytime in the future. Sampling, the lifeblood of rap music since the late days of disco, has recently come into the spotlight again as one of the biggest thorns in its side, and this new Jay-Z case highlights all the reasons why that could continue to be the case for a very long time.
Over this past weekend, it was revealed that 81-year-old soul singer Ernie Hines, whose 1972 album Electrified became a collector’s item in the ‘90s, was suing Jay-Z, Roc-A-Fella Records, and Sony Music for over $2 million after discovering that his song “Help Me Put Out the Flame (In My Heart)” was sampled on Jay-Z’s 1998 album Vol. 2… Hard Knock Life on the song “Paper Chase.” Hines contends that the sample was used without his permission for over 20 years, which explains the significant sum he feels entitled to.
It’s reasonable to wonder how Hines could have gone for 20 years without ever hearing “Paper Chase” to notice its sample of “Help Me…,” which isn’t all that recognizable to begin with, but it’s also easy to explain. Although Hard Knock Life was one of Jay-Z’s best-selling albums, “Paper Chase” was never issued as a single or received significant airplay. 60 years old when Hard Knock Life was released, it seems unlikely that Hines was ever the sort of hip-hop head who’d play albums through from beginning to end — given his age, it’d be a shock if he listened to any hip-hop at all (his generation, after all, was the one that called rap “devil music” on its inception, if they weren’t outright denying its classification as music in the first place).