Is there a Take 6 sample on H.E.R.’s “Could’ve Been?”

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Written by Brian McBrearty

May 6, 2022

Making time for a hot take on a Friday, because news popped today that the jazz gospel a cappella group Take 6 has evidently (I’m not certain) filed an infringement suit because the Grammy-nominated H.E.R. (featuring Bryson Tiller) track “Could’ve Been” sure sounds like it relies heavily on a sample from Take 6’s “Come Unto Me.” Take a listen.

This is H.E.R. “Could’ve Been” ft. Bryson Tiller.

And this is the Take 6 track, Come Unto Me.

Those guys are good, right? To find the part of the song that we’re focused on, click ahead to 0:52 in “Come Unto Me.” Right after they sing, “It’s easy” they move into some “ooohs.” And that sounds like this…

“Come Unto Me” is a little faster tempo than “Could’ve Been,” and it’s in a different key. So to get a bit more apples-to-apples we can pitch shift and time stretch those four measures of ooohs, and then loop it once. That get us to this…

Learn about retaining a forensic musicologist to evaluate potential sampling issues.

I did this quite quickly. I might’ve “drawn in” some volume faders to get the more dramatic swells that “Could’ve Been” has. But even those little woo-woo things at the very end of the phrase are in the Take 6 track. They’re tell-tale of something, I’d say.

And here’s “Could’ve Been” one more time.

Very interesting similarities, to be sure.

Brian McBrearty

Brian McBrearty is a forensic musicologist and music copyright expert witness. He provides clearance opinions, expert reports, and expert witness testimony in music copyright matters. His analysis has been cited in the Pepperdine Law Review, on NPR's All Things Considered, and by Reuters, BBC, and Courthouse News. He is the founder of Musicologize.