Copyright Case-Study #2
Queen + David Bowie vs. Vanilla Ice
1981 also saw Queen collaborate with David Bowie for the single "Under Pressure." The single netted them a number one in Britain and a fan-favorite of both Queen and Bowie legionnaires. A few years later, the memorable riff showed up on Vanilla Ice's hit, "Ice, Ice Baby." Vanilla Ice never got permission to use it which prompted a lawsuit over the use of the sample.
Song 1 - "Ice Ice Baby" by Vanilla Ice
Song 2 - "Under Pressure" by Queen & David Bowie
Queen argued that the Vanilla Ice's music is used to provide a feel, mood, or atmosphere; generally the same as the original and the sampled song will compete directly with the original. It is generally the case that the readily identifiable riffs or hooks in a particular song are what generate the sales. Vanilla Ice's liner notes indicate the author of Ice Ice Baby as Vanilla Ice, Earthquake and M. Smooth. Additionally, the liners thank such artists (presumably for inspiration) as MC Hammer, Ice T, Public Enemy, Sir Mix-A-Lot, Cash Money, EPMD and 2 Live Crew. Conspicuously absent are David Bowie and Queen.
Vanilla Ice commented, "Sampling was done way before I came along, but nobody sold as many records as I did to make a big issue about it. When I did it, they made a big issue because I'm selling 17 million records. I didn't lose [the case]. I settled. It didn't ever go to court. I gave them 4 million bucks, but I regained the rights to the song. In the long run, I did win."
Queen subsequently re-released Under Pressure in 1992 in their compilation album Classic Queen. The liner notes indicate that the genesis of the song was an impromptu recording session in Montreux, and that it was Queen's first collaboration with another artist (David Bowie). The liners go on to say that not only was the song number one in the U.K. and Argentina, but that "in 1990 the bass and piano featured again on Vanilla Ice's number one single Ice Ice Baby".
Have a listen to the two songs and be the judge.
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How similar do you think these two songs are (from "Not similar at all" to "Exactly the Same")