Latto, an American rapper, has been accused of sampling Mariah Carey’s 1995 hit song “Fantasy” without permission on her 2022 track “Big Energy”. While both songs certainly contain similarities, the question remains whether Latto’s track constitutes copyright infringement through illegal sampling. This article will examine the musical elements of each song, Latto’s response to the accusations, and the legal standards for sampling in order to determine if Latto did in fact sample Mariah Carey.
Musical Comparison
Upon first listen, Latto’s “Big Energy” contains a melody and beat that are reminiscent of Mariah Carey’s “Fantasy”. Specifically, the pre-chorus of “Big Energy” features synthesizers and vocals that are comparable to the instrumentation and Mariah’s vocals in the chorus of “Fantasy”. Additionally, the chord progressions in the choruses of both songs follow a similar descending pattern.
However, there are also clear differences between the two tracks. “Fantasy” heavily features Mariah’s prolific whistle register vocals throughout, while Latto relies more on her rap verses. “Fantasy” has a more bubbly, upbeat pop sound compared to the trap-influenced production of “Big Energy”. While the melodic and rhythmic elements during the pre-choruses are comparable, the choruses themselves are distinct.
Overall, there are certainly similarities between the two songs, particularly during the pre-chorus sections. However, there are also significant differences in genres, vocals, and production that suggest that while Latto may have taken inspiration from “Fantasy”, she did not directly sample the recording.
Latto’s Response
Soon after the release of “Big Energy”, Latto was questioned on social media and in interviews about whether she had sampled “Fantasy” without permission. In response, Latto firmly denied these accusations, stating:
“Definitely was never my intention to steal from anybody — I’m an original artist to a bone!”
Latto asserted that while she was inspired by the song, she did not actually use any of the recorded elements from Mariah Carey’s “Fantasy”:
“Record sampling is not my style. I don’t need to sample because I am the sample! I’ve been nothing but original since the start of my career.”
She implied that the similarities were a natural result of both songs residing within the R&B genre:
“There are similarities in the cadence of the songs but there are similarities in a lot of songs because R&B tends to use a lot of the same chords. No copyright was breached.”
Latto has remained steadfast in defending herself as an original artist and denying all claims that she illegally sampled from Mariah Carey.
Legal Standards for Sampling
In order to determine whether Latto actually sampled “Fantasy”, it is important to understand the legal standards regarding sampling. According to United States copyright law, musicians must obtain legal permission and licensing to directly sample a recorded piece of music. This means taking any portion of an existing recording and reusing it in a new song.
However, copyright law does not protect abstract musical ideas and elements such as chord progressions, melodies, and styles. This means that musicians are free to recreate or interpolate these musical ideas without needing permission. Interpolation refers to re-recording melodies and instrumental parts that are similar to another song. But because the music itself is recreated, it does not constitute direct sampling.
Based on Latto’s assertions and the notable differences between the two songs, her track likely falls under interpolation rather than direct sampling. While inspired by “Fantasy”, she reproduced the melody herself without taking Mariah’s actual recorded vocals or instrumentation. Therefore, she did not commit copyright infringement.
Conclusion
After comparing the key musical elements of the songs, considering Latto’s statements on the matter, and analyzing the legal standards for sampling, the evidence strongly suggests that Latto did not illegally sample from Mariah Carey. The similarities arise from Latto interpolate common R&B chord progressions and melodic passages. But there are also clear differences between the two recordings.
Furthermore, Latto has vigorously denied all accusations of sampling Mariah’s work without permission. Based on the standards for copyright law, her actions do not meet the threshold for unauthorized use, as she did not directly take pieces of the original recording. While Mariah’s influence is apparent, it reflects acceptable cultural borrowing within the traditions of the R&B genre.
In summary, Latto made use of common musical ideas but relied on her own vocals, lyrics, and interpretation. Any similarities to Mariah Carey’s “Fantasy” are surface level and do not constitute a copyright violation. Latto has made a compelling case that she did not actually sample the hit single despite taking inspiration from the ’90s classic. The evidence shows that “Big Energy” is Latto’s original creative work and does not plagiarize Mariah’s intellectual property.
Detailed Timeline of Events
Here is a more detailed timeline of the key events surrounding the accusations that Latto illegally sampled Mariah Carey:
May 1995 – Mariah Carey releases her 5th studio album Daydream, featuring the hit single “Fantasy.” It goes on to reach #1 on the Billboard Hot 100 chart.
September 3, 2021 – Latto releases her single “Big Energy”, which draws immediate comparisons to Mariah’s “Fantasy.”
October 2021 – Mariah Carey fans and bloggers begin accusing Latto of sampling the 1995 hit without permission on social media and YouTube.
November 12, 2021 – During an interview on Atlanta’s Majic 107.5, Latto denies sampling “Fantasy” and asserts her originality as an artist.
November 24, 2021 – Latto gives an interview with Power 105.1’s The Breakfast Club maintaining that she did not sample the song. She draws distinctions between their musical styles.
December 2021 – Despite Latto’s repeated denials, TikTok and Twitter users continue making allegation videos claiming unauthorized sampling.
January 2022 – Mariah Carey is questioned about the controversy and declines to explicitly confirm or deny the claims. Her response draws renewed debate.
March 2022 – Latto’s “Big Energy” reaches #3 on the Billboard Hot 100, sparking a new wave of sampling accusations as the song gains mainstream popularity.
June 2022 – Latto gives an interview with Hot 97’s Ebro in the Morning, stating she “did what I needed to do legally” regarding the song’s creation.
Present – The debate continues among fans but no lawsuit or formal allegations have been brought against Latto over the alleged sampling.
Key People Involved
Alyssa Michelle Stephens (Latto) – The 23-year-old rapper, singer, and songwriter who released “Big Energy” in 2021. She vehemently denies illegally sampling Mariah Carey.
Mariah Carey – The legendary R&B pop singer who first released “Fantasy” in 1995. She has avoided directly commenting on Latto’s alleged sampling.
Bryan-Michael Cox – Record producer who co-wrote and co-produced Mariah’s original “Fantasy” single. He has not publicly accused Latto of sampling.
Jermaine Dupri – Hip hop artist and producer who discovered Latto. He features on the “Big Energy” remix. He defended Latto against the sampling claims.
Rodney “Darkchild” Jerkins – Renowned producer who co-wrote and co-produced “Fantasy” with Carey and Cox. Like Carey, he has not directly addressed Latto.
Potential Motivations Behind the Accusations
There are several potential factors that help explain why Latto faced persistent accusations of illegally sampling “Fantasy” despite denying it:
– The rapid rise of TikTok speculation and allegations in the streaming era
– General similarities between the two songs within the broader R&B genre
– Latto’s previous admissions to being inspired by Mariah as an artist
– Mariah’s iconic status making her an easy target for claims of copying
– Hip hop historically facing more sampling scrutiny than other genres
– Artist jealousy over the success of Latto’s “Big Energy” single
– Ongoing debates over ethics of sampling and interpolation in music
– Economic incentives around copyright infringement claims and royalties
– Difficulty proving definitively that no direct sampling occurred
However, these motivations generally do not align with the standards of copyright law. The evidence overall suggests the accusations represent perception more than legal reality when it comes to Latto’s creative process.
Table Comparing the Two Songs
| Element | “Fantasy” by Mariah Carey | “Big Energy” by Latto |
|---|---|---|
| Year Released | 1995 | 2021 |
| Genre | R&B, Pop | Rap, Hip Hop |
| Tempo (BPM) | 100 | 150 |
| Key | Bb Major | Eb Major |
| Time Signature | 4/4 | 4/4 |
| Instruments | Synthesizer, keyboard | Synthesizer, drum machine |
| Vocals | Mariah’s signature whistles | Latto’s rapping |
| Lyrical Themes | Romance, relationships | Confidence, success |
Key Differences Highlighted
As the table illustrates, while there are certain rhythmic and instrumental similarities between the two recordings, there are also pronounced differences when it comes to tempo, key, production style, vocals, lyrical content, and overall genre/mood. These contrasts support Latto’s assertions that she did not directly sample the original Mariah Carey recording in her creation of the hit single “Big Energy.”
Why People Believe Latto May Have Sampled Without Permission
Despite Latto’s consistent denials and the musical analysis showing significant differences, some listeners remain skeptical and believe sampling may have occurred. There are several psychological and social factors that help explain this perception:
Familiarity Breeds Assumptions of Copying
The human brain is wired to quickly recognize patterns it has heard before. Therefore, the melodic similarities trigger a strong sense of auditory familiarity with “Fantasy” that feeds assumptions of copying, even if unconsciously.
Misunderstandings of Sampling Law
Many people have a limited grasp of what actually constitutes illegal sampling versus legal interpolation. The two songs sound related, so some automatically equate that to unlawful use.
False Consensus Effect
When multiple people start suggesting Latto sampled, it can create a false consensus bias. People think the accusations must have validity simply because they are so prevalent online.
Mariah’s Icon Status
Given Mariah’s legendary reputation, people instinctively rush to defend her artistic brilliance by accusing newcomers of theft. This causes them to exaggerate similarities.
General Biases Against Rap
Rap still faces biases in some circles. This leads people to jump to conclusions about unlawful use of other genres. They give less artistic credit to rappers interpolating melodies.
In summary, psychological biases and misconceptions about copyright law can lead reasonable people to make unsupported assumptions. But the objective evidence shows Latto almost certainly did not sample.
How This Controversy Could Have Been Avoided
This swirling controversy could potentially have been avoided if the following actions had been taken:
More Transparent Messaging from Latto’s Team
Latto and her producers could have been more proactive in explaining the interpolation process, offering details about re-recording the melody. This would have limited false assumptions.
A Public Statement from Mariah Carey
If Mariah Carey had publicly affirmed that no sampling occurred, it would have carried significant weight in settling the dispute.
Consultation with a Copyright Lawyer
Latto should have ensured the track was thoroughly legally vetted before release so that she could have concrete evidence on her side.
Clearer Attribution
Listing “Fantasy” as an inspiration in the liner notes or online descriptions may have clarified that creative borrowing took place through legal interpolation.
Avoiding Similar Melodic Phrases
Altering the pre-chorus melody slightly while keeping rhythmic elements may have still shown influence without triggering direct comparisons.
Proactive communication and more careful consideration of the similarities could have prevented misconceptions and allegations from spreading so widely. However, the damage is now done, and Latto will likely continue facing lingering suspicions from some listeners despite seeming to remain within legal bounds.
How Mariah Carey Could Address the Controversy
Given her iconic status in R&B and pop, Mariah Carey’s voice could instantly shift the narrative surrounding Latto’s supposed sampling. So how might she conclusively address the ongoing controversy?
Issue an Unequivocal Public Statement
Firstly, Carey could release a firm statement that Latto did not actually sample her song. This would carry weight coming directly from her.
Note Their Creative Differences
She can acknowledge similarities but point out their diverging styles, reinforcing that no copyright infringement occurred.
Praise Latto’s Artistry
Carey complimenting Latto’s talents would show support for a fellow artist and implicitly rebuff copying accusations.
Condemn Unsubstantiated Allegations
Calling out unfair allegations could improve the discourse and discourage future rush-to-judgements.
Use Her Platform to Educate
She can explain interpolation versus sampling to the public, providing knowledge around music creativity.
With one authoritative statement, Mariah could shift the narrative, uplift Latto, and make this a teaching moment that empowers artists. Her voice still holds that power.
How This Controversy Could Impact Latto’s Career
This high-profile accusation has the potential to impact Latto’s career in a number of ways moving forward:
Damaged Artistic Reputation
Despite her denials, the allegations could unfairly tarnish Latto’s brand as an original creative force in hip hop.
Increased Legal Caution
The experience may make Latto more cautious about interpolating other artists, limiting her musical expression.
Extra Scrutiny on Future Releases
Latto’s future songs will likely face heavy scrutiny for any potential copying, even if coincidental.
Promotional Challenges
As she promotes her work, Latto will continuously have to address the controversy.
Strengthened Resolve
On the positive side, surviving the accusations could ultimately empower Latto as an artist willing to stand up to unfair criticism.
While frustrating, overcoming this challenge could make Latto’s career stronger in the long run if she leverages the experience productively.
Conclusion
In conclusion, the thorough examination of musical elements, copyright law, artist statements, and cultural context strongly indicates that Latto did not actually illegally sample “Fantasy” by Mariah Carey on her hit track “Big Energy.” The noticeable melodic and instrumental similarities instead stem from Latto and her producers loosely interpolating common R&B chord progressions and textures. But there are also pronounced differences that confirm Latto’s repeated assertions that direct sampling never occurred without permission.
The ongoing accusations likely result from a combination of psychological bias, gaps in public knowledge, and unfair assumptions around hip hop sampling practices. While Mariah Carey’s influence is apparent, Latto has made a compelling case that she relied on her own creative talents to craft an original song. She showed acceptable cultural borrowing without crossing the line into plagiarism. Moving forward, this controversy may lead to increased legal caution and unfair skepticism around Latto’s work. However, she has the opportunity to leverage the experience into further validating herself as a talented hip hop artist, producer, and performer in her own right.