Decades-Old Mary J. Blige Hit Draws Lawsuit Claiming Unlicensed Use of Legendary Funk Sample
Written by djfrosty on April 5, 2024
Universal Music Group (UMG) is facing a lawsuit that claims a 1992 Mary J. Blige hit featured an unlicensed sample from a 1973 funk song that’s famous for being sampled in dozens of other tracks, including releases from Biggie and Tupac as well as a recent Doja Cat tune.
In a complaint filed Thursday (April 4) in Manhattan federal court, Tuff City Records accused Universal Music Publishing Group (UMPG) of copyright infringement over Blige’s “Real Love,” which spent 31 weeks on the Hot 100 in 1992 and reached a peak of No. 7 on the chart.
The allegedly-copied song? “Impeach the President” by the Honey Drippers — a legendary piece of hip-hop source material with a drum track that’s also been sampled or interpolated by Run-DMC, Dr. Dre and many others. Most recently, it was featured in Doja Cat’s 2023 track “Can’t Wait.”
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In the complaint, Tuff City’s attorneys say they have “advised defendant repeatedly of the presence of the uncleared sample” in “Real Love” but that Universal has done nothing about it.
“Defendant has repeatedly refused to engage plaintiff in substantive negotiations to rectify the foregoing, let alone agreed to compensate Plaintiff for the past infringement or on an ongoing basis,” wrote Tuff City’s attorney Hillel Parness in the complaint.
Blige herself is not named in the lawsuit nor accused of any wrongdoing.
In a bizarre wrinkle, Tuff City claims that UMG Recordings — a subsidiary of UMG and the owner of the master to “Real Love” — has already reached an agreement regarding the use of the uncleared sample on the sound recording. But they say the music giant’s publishing arm has refused to do the same as it relates to the underlying composition.
“Defendant’s refusal to cooperate with plaintiff is difficult to reconcile with the fact that plaintiff reached an agreement with UMG Recordings,” Tuff City’s attorneys write.
Tuff City, which owns a large catalog of old songs, is no stranger to copyright litigation. Over the past fifteen years, the company has sued over tracks by Jay-Z, Beastie Boys, Christina Aguilera, Frank Ocean and others, typically alleging that they featured unlicensed samples or interpolations.
That process has not always gone smoothly. In 2014, a judge dismissed a case over Jay-Z’s “Run This Town” on the grounds that any alleged sample was “barely perceptible” after multiple listens. In 2018, another judge ordered Tuff City to repay hundreds of thousands of dollars in legal fees spent by Beastie Boys defending a case that was “clearly without merit.”
The new case is also not the first time Tuff City has sued over “Impeach the President.” Way back in 1991, the company sued Sony Music and Def Jam over claims that producer Marley Marl had illegally sampled the track on LL Cool J tracks “Around the Way Girl” and “Six Minutes of Pleasure.”
At the time, the lawsuit was a novel legal attack on sampling, which had long been at the core of hip-hop but had rarely involved paying for licenses or seeking authorization. In a 1992 article, the New York Times warned that Tuff City’s lawsuit over “Impeach the President” could fundamentally change hip hop, forcing rappers and producers to clear every element used in their albums — a formidable idea at the time.
“A single rap album can include dozens of samples, from single drumbeats to full musical phrases,” the New York Times article reads. “Finding the copyright owners, negotiating fees or royalties and gaining legal clearance is time consuming and can add tens of thousands of dollars to the production costs.”
Tuff City’s case eventually settled on confidential terms, but it proved to be a sign of things to come. In the years since, federal courts have ruled that nearly any amount of sampling of sound recordings counts as copyright infringement. As a result, labels and artists today attempt to clear almost any direct sampling in their songs and will typically remove those elements if a deal can’t be reached.
Of course, Blige’s “Real Love” came out just months after Tuff City filed its case against LL Cool J, and well before such practices had become universal. It’s unclear why the company waited more than 30 years to sue over it, but copyright law has a so-called “rolling” statute of limitations that allows for such long-delayed actions.
A spokesman for UMG did not immediately return a request for comment.