In fairness, the vast majority of tracks that use the amen break aren't going to make "millions". It started out as a few underground records that would have a relatively limited distribution. There was a lot of sampling that went on and nobody really thought anything of it because people weren't making large sums of money from it. In fact underground artists would often sample each other too and nobody minded. The problem was the amen break got sampled and almost nobody knew where it came from. It then got resampled and resampled, it was sampled so often that it started to appear on sample disks as if it were public domain. It's only relatively recently that it's become public knowledge. Heck, I'd been producing music for years before I realised and probably used that sample myself. The Winstons would have had no way to know they were being sampled either because of how niche that music scene was (and to some extent still is). So by the time the industry was big enough that artists were making a killing from that sample, it was already out there and everywhere.

I'm not saying it's fair but its far from the only sample to have been used everywhere with little recognition and sampling was one of the pivotal revolutions that gave the rise electronic music.

I wonder if there's more to this story than meets the eye. The author claims a label offered to buy the masters by 1996. So there probably was money in the licensing of the sampling (or at least the risk of being sued, and the label was trying to cover its ass).

I don't know the arrangement between the bandleader and the drummer (maybe the drummer was paid by session and was owed no royalties), but, in my understanding, the owner of the copyright definitely was entitled of royalties. In the early days it was chaos but by the 1990s samples were definitely being cleared.

After 1996, when the author found out about the sample, it was used (According to WhoSampled) by Oasis, Skrillex, Prodigy, Dua Lipa, Lupe Fiasco, Skipknot, and in the Naruto soundtrack. There definitely was the possibility of the author collecting royalties from some of those from copyright lawsuits.

On the other hand I remember in various communities since the early 2000s people asking "how do I clear the Amen Sample?", but nobody exactly knew who to contact because nobody seems to know who owns Metromedia Records, who put the original album.

I remember articles and interviews about this from 15+ years ago, so it's weird how no lawyer got in touch with the song author, or how the song author never got a lawyer.

On top of that, Amen Brother seems to contain portions of I'm a Winner and Theme From Lillies of the Field by The Impressions, so maybe that's why Spencer (the bandleader) never got any money to begin with.

I guess we won't know now that both the drummer and the author of the song are dead.