Wait are you using the “Can I Kick It” analogy to argue in favor or against greed stopping art?
Because that example is a really weird grey area. The label didn’t clear one of the most obvious samples of all time. The original artist did not prevent them from releasing the derived work, but Tribe didn’t get paid for one of their classics.
Honestly I'm rather against needing to clear samples at all. I think the art should come before any concern that it would put someone into debt via a lawsuit—it should never result in making no money off it when the value is clearly in the product of the sample + performance.
Because that example is a really weird grey area. The label didn’t clear one of the most obvious samples of all time. The original artist did not prevent them from releasing the derived work, but Tribe didn’t get paid for one of their classics.
I’m not sure what to think of that story.