Queen & David Bowie v. Vanilla Ice

Comment by Arjumand Syed:

This is a classic example of a case that was resolved even before it reached the Court.

The renowned British rock band Queen, in collaboration with the British singer David Bowie, released “Under Pressure” in 1981. This track soared to the top of the UK Singles Chart, marking Queen’s second number-one hit in their homeland and Bowie’s third. It also charted in the top 10 in more than 10 countries around the world. Even today, “Under Pressure” remains a fan favorite, regularly appearing on lists of the greatest songs of all time. It has also been prominently featured in television shows like “Stranger Things” and “Glee”.

In 1990, American rapper Vanilla Ice (born Robert Van Winkle) released his debut single along with K. Kennedy and DJ Earthquake called “Ice Ice Baby”. This song became the first hip-hop single to top the Billboard Hot 100. Its global impact extended beyond the United States, as it also topped the charts in Australia, Belgium, the Netherlands, New Zealand, the Republic of Ireland, and the United Kingdom. In doing so, the song played a pivotal role in broadening hip hop’s appeal, introducing it to a wider mainstream audience.

The authors of “Ice Ice Baby” sampled the bassline of “Under Pressure” without crediting Queen or David Bowie or paying royalties. The same bassline from Under Pressure is used in the introduction and choruses of “Ice Ice Baby” without any additional layers, making the similarity glaringly apparent to listeners. The resemblance in the introductions between the two songs is so striking that it often leads to confusion about which is playing. In a famous interview, Vanilla Ice stated “we sampled it from them, but it is not the same bassline”. Notably, Vanilla Ice initially asserted that the melodies were distinct due to the addition of a beat between notes, though he later admitted this explanation was merely a joke. The staff notation has been explained in https://www.diggersfactory.com/blog/390/the-ice-ice-baby-controversy and is extracted below:

The lyrics of Under Pressure are very powerful and thought-provoking, whereas the lyrics to Ice Ice Baby are based on Vanilla Ice’s Florida neighborhood experience. Hence, there are no lyrical similarities. However, Vanilla Ice references this bassline in multiple lines in his song, such as, “My town, that created all the bass sound, enough to shake and kick holes in the ground”, “Now that the party is jumping, With the bass kicked in” and before each chorus he raps, “Check out the hook while my DJ revolves it”, and then Under Pressure’s bassline kicks in.

Although Queen and David Bowie never initiated a lawsuit against Vanilla Ice for sampling their song, they threatened Vanilla Ice to file a copyright infringement suit. Eventually, the parties reached a private settlement, wherein Queen and Bowie were also granted songwriting credits. Years later, Vanilla Ice disclosed in an interview that he paid $4 million to acquire the publishing rights to “Under Pressure”, which he deemed more cost-effective” than continuing to pay royalties. While he may have bought the publishing rights to the original since it’s actually Queen on the recording of Ice Ice Baby (excluding Bowie since his vocals weren’t sampled), the band probably gets performance royalties when it is played. Given these circumstances, if Vanilla Ice still earns a significant portion of his annual income from royalties after all parties receive their share, the overall revenue generated from the track must be substantial.

This dispute emphasizes the importance of crediting fellow musicians when incorporating their work, whether it’s lyrics or music, particularly in the case of sampling. Rather than engaging in disputes or appropriating another’s work without acknowledgment, the music community should unite in mutual support. After all, we wouldn’t wish for others to treat our creative endeavors in the same insouciant manner.