Sampling in hip-hop has been a contentious issue since the genre’s inception, with lawsuits and debates over copyright infringement being common occurrences. One such instance that highlights the complexities of sampling in hip-hop is the case of Grandwizzard Theodore & The Fantastic 5 and DJ Frankie Cutlass’s track “Puerto Rico”.
In 1978, Grandwizzard Theodore & The Fantastic 5, a group consisting of Rubie Dee, Kevy Kev, Master Rob, Whipper Whip, Dota Rock, and DJ Kevy Kev Rockwell, performed at The Celebrity Club in New York. During their performance, Master Rob shouted “Puerto Rico”, and DJ Kevy Kev followed with a spirited “Hooooo” chant. These spontaneous moments became a part of the group’s performance and were captured on a bootleg vinyl recording of the event in 1982.
Fast forward to 1995 when DJ Frankie Cutlass sampled Master Rob and DJ Kevy Kev’s chants for his hit track “Puerto Rico” on Hoody Records. The song became a success and a vocal version with a music video was released a year later. The use of Grandwizzard Theodore & The Fantastic 5’s chants in “Puerto Rico” raised questions about the ethical and legal implications of sampling in hip-hop.
One of the key issues that arise in this case is the question of ownership and compensation. Should Grandwizzard Theodore & The Fantastic 5 be entitled to royalties or credit for their sampled chants in “Puerto Rico”? Considering that the chants were from a live performance that was never officially released, it raises the question of whether there is a statute of limitations for sampled artists to make a claim.
Furthermore, the role of record labels and producers in sampling disputes also comes into play. Who ultimately holds the responsibility for obtaining clearance for samples, the label or the producer? In cases where samples come from obscure or underground sources like live performances, the lines of ownership and copyright can become blurred.
The case of “Puerto Rico” by DJ Frankie Cutlass serves as a reminder of the complexities and challenges that come with sampling in hip-hop. While sampling is an integral part of the genre’s evolution and creativity, it also requires a careful balance of respecting artists’ rights and ensuring fair compensation for their contributions.
In conclusion, the story of Grandwizzard Theodore & The Fantastic 5 and DJ Frankie Cutlass’s “Puerto Rico” exemplifies the intricate web of legal, ethical, and artistic considerations that surround sampling in hip-hop. As the genre continues to evolve, it is essential for artists, producers, and labels to navigate these issues with transparency and respect for the origins of the music they sample.
