copyright infringement
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Barry White’s estate is suing over allegations that a prominent sample at the heart of Future and Metro Boomin’s chart-topping “Like That” infringes the copyright to a 1973 song by the legendary singer — but they aren’t accusing the stars of any wrongdoing.
In a complaint filed last week in Manhattan federal court, White’s estate claimed that a 1986 hip-hop song called “Everlasting Bass” by the duo Rodney-O (Rodney Oliver) & Joe Cooley stole key elements from White’s 1973 song “I’m Gonna Love You Just a Little More Baby.”
Attorneys for the White estate say they waited nearly four decades to sue over the song because it was “released prior to the internet and was not widely distributed,” leaving the estate “unaware of the song when it was first released.”
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White’s heirs are certainly aware of “Everlasting” now, and it’s not hard to guess why: The song was heavily sampled in “Like That,” which debuted at No. 1 on the Hot 100 earlier this year — so prominently that Future and Metro Boomin credited Rodney-O & Joe Cooley as co-writers.
By using an infringing sample, the lawsuit claims that “Like That” also infringes White’s copyrights: “‘Like That’ copies substantial elements of ‘I’m Gonna Love You Just A Little More, Babe’ … including but not limited to the iconic, immediately recognizable bass line,” the estate wrote in its Thursday (Oct. 3) complaint.But crucially, the White estate isn’t accusing Future, Metro Boomin or co-creator Kendrick Lamar of any legal wrongdoing. The lawsuit pins the blame solely on Rodney-O & Joe Cooley, saying they agreed to defend the stars against such accusations when they cleared the sample.
The duo did not immediately return a request for comment on the lawsuit’s allegations.
Released in March as the third single off Future and Metro’s collaborative album We Don’t Trust You, “Like That” reigned at No. 1 for three weeks and spent another 28 weeks on the chart. At the time of its debut, most of the focus was on the lyrics — since the track was one of the early salvos in the diss war between Kendrick and Drake.
But the underlying music featured a sample from “Everlasting Bass,” a classic early hip-hop track that’s also been sampled by Three 6 Mafia, Lil Wayne and E-40. In an April interview with Vibe, Rodney-O said he loved what Future and Metro did with his song.
“It is crazy because the song was big when it came out and for it to be even bigger now all these years later, it’s crazy,” he said. “I heard the song, I knew it was good, but when it comes out and the world hears it how you hear it and react to it the way you reacted to it, that’s confirmation.”
As for White’s song, “Gonna Love You” is one of the legendary singer’s top commercial hits, peaking at No. 3 on the Hot 100 in June 1973 and ultimately spending 18 weeks on the chart.
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Nelly burst onto the scene in 2000 with his debut album Country Grammar and rolled with the St. Lunatics group comprised of his childhood friends from his hometown of St. Louis. Nelly now faces a lawsuit alleging that he failed to credit the St. Lunatics for their hand in crafting his debut album.
As reported by Variety, Nelly, real name Cornell Haynes, is facing a copyright infringement for what the St. Lunatics say is uncredited and unpaid work that went into the making of Country Grammar.
The St. Lunatics collective includes Ali (Ali Jones), Murphy Lee (Torhi Harper), Kyjuan (Robert Kyjuan), and City Spud (Lavell Webb). The group filed the lawsuit earlier this week in New York federal court.
The outlet overlooked the lawsuit which said that Nelly and the St. Lunatics were friends since grade school and began writing songs together in the 1990s. They then signed separately to deals at Universal Music Group and the lawsuit claims that the St. Lunatics contributed heavily to Country Grammar. Their side said they tried to negotiate with Nelly regarding the crediting and were allegedly told things would move forward but in 2020, they discovered they were duped and that he took full credit for their work.
The St. Lunatics said they learned of their missing credits after Willie Woods Jr. filed a lawsuit in 2020 demanding royalties for his contributions to the hit single “Ride Wit Me” which opened the door for the latest legal actions. It appears that Nelly himself didn’t shoot down the St. Lunatics but instead, his legal representatives, which promoted the group to assert that the rapper never intended to give them proper credit.
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More than nine months after Mariah Carey was again sued for allegedly stealing her perennial holiday classic “All I Want for Christmas is You” from an earlier song, her attorneys have filed a motion to dismiss the lawsuit by arguing that the songs share nothing but commonplace musical building blocks.
In November, songwriter Vince Vance (real name Andy Stone) filed a second lawsuit against Carey accusing her of copyright infringement, arguing that her 1994 smash “was a greater than 50% clone…in both lyric choice and chord expressions” of his 1989 song of the same name, which was performed by his group Vince Vance and the Valiants (a similar lawsuit Vance filed in 2022 was subsequently dropped without prejudice, meaning he was allowed to refile). He was joined in the November action by Troy Plaintiff, who claims to have co-written the song with Vance.
But in documents filed in Los Angeles federal court on Monday (Aug. 12), attorneys for Carey and her co-defendants, including “All I Want” co-writer Walter Afanasieff, contend that Vance’s claims fail the Ninth Circuit Court of Appeal’s “extrinsic test for substantial similarity in protectable expression” — essentially arguing that any similarities between the two songs are coincidental.
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“Plaintiffs’ claimed similarities between Vance and Carey are unprotectable…because they are, among other things, fragmentary and commonplace building blocks of expression that Vance and Carey use differently in their overall different lyrics and music,” the filing reads.
In the November lawsuit, Vance and Powers argued that the two songs share a “unique linguistic structure” and musical elements that Carey allegedly copied for her mega-hit, which has reached No. 1 on the Billboard Hot 100 during the holiday season for five years running. They also claimed that despite how common it is today, the phrase “all I want for Christmas is you” was a “distinctive” one back when Vance and Powers’ song was released.
But Carey and her co-defendants argue that the plaintiffs “lack competent evidence that the songs share any protectable expression.” They add that reports produced by two musicologists Vance and Powers retained to bolster their case “list isolated, fragmentary similarities in Vance and Carey, while omitting differences and the context in which the claimed similarities occur,” making their conclusions “inherently subjective” and “irrelevant to the objective extrinsic test.”
“The claimed similarities are an unprotectable jumble of elements: a title and hook phrase used by many earlier Christmas songs, other commonplace words, phrases, and Christmas tropes like ‘Santa Claus’ and ‘mistletoe,’ and a few unprotectable pitches and chords randomly scattered throughout these completely different songs,” the lawyers write.
A representative for Vance and Powers did not immediately respond to Billboard’s request for comment.
Ye (formerly Kanye West) is facing another lawsuit accusing him of illegal sampling, this time over allegations that he incorporated an instrumental track into two songs from Donda even after he was explicitly denied permission.
The case, filed Wednesday (July 17) in Los Angeles federal court, claims that Ye borrowed elements from a song called “MSD PT2” for his own “Hurricane” and “Moon” — both of which reached the top 20 on the Hot 100 when they were released in 2021.
Filed by a company that owns the rights to the earlier song, the case claims that when Ye was refused a license to use it, he simply “decided to steal it.”
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“This lawsuit is about more than defendants’ failure to pay a fee,” writes Oren Warshavsky and other attorneys from the law firm BakerHostetler, representing the plaintiffs. “It is about the rights of artists, musicians, and songwriters to determine how their works are published and used. Intellectual property owners have a right to decide how their property is exploited and need to be able to prevent shameless infringers from simply stealing.”
In an act of particularly “blatant brazenness,” the lawsuit claims that Ye even credited the song’s four creators — Khalil Abdul-Rahman Hazzard, Sam Barsh, Dan Seeff and Josh Mease — as songwriters despite their refusal to work with him.
Wednesday’s case was filed not by the artists themselves, but by a company called Artist Revenue Advocates (ARA), which owns the copyrights to “MSD PT2.” Lawyers for the company say the four artists turned to ARA after they “unsuccessfully attempted to collect their share of the proceeds from these songs” for nearly three years.
A spokesperson for Ye could not immediately be located for comment on the new case.
The new allegations come less than a month after Ye settled a separate lawsuit filed by the estate of Donna Summer over a very similar accusation. In that earlier case, Summer’s estate claimed the rapper had used her 1977 hit “I Feel Love” in his own “Good (Don’t Die)” despite a similarly explicit refusal.
“Summer’s estate … wanted no association with West’s controversial history and specifically rejected West’s proposed use,” the estate’s attorneys wrote at the time. “In the face of this rejection, defendants arrogantly and unilaterally decided they would simply steal ‘I Feel Love’ and use it without permission.”
Even before the two recent cases, Ye has been sued repeatedly for uncleared samples and interpolations in his music.
In 2022, Ye was hit with a lawsuit claiming his song “Life of the Party” illegally sampled a song by the pioneering rap group Boogie Down Productions; accused in another case over allegations that he used an uncleared snippet of Marshall Jefferson’s 1986 house track “Move Your Body” in the song “Flowers”; and sued in a different case by a Texas pastor for allegedly sampling from his recorded sermon in “Come to Life.”
Before that, West and Pusha T were sued in 2019 for sampling George Jackson‘s “I Can’t Do Without You” on the track “Come Back Baby.” That same year, he was sued for allegedly using an audio snippet of a young girl praying in his 2016 song “Ultralight Beam.” Further back, West was hit with similar cases over allegedly unlicensed samples used in “New Slaves,” “Bound 2” and “My Joy.”
The Beastie Boys are suing the owner of Chilis over allegations that the restaurant chain used the rap trio’s iconic 1994 song “Sabotage” in a social media advertisement without permission.
In a lawsuit filed Wednesday (July 10) in Manhattan federal court, the hip-hop legends accused Brinker International of infringing their copyrights by using the song without a license — an especially serious allegation from a trio that famously doesn’t allow its music to appear in ads.
“Use of the ‘Sabotage’ sound recording, music composition and video was all without permission,” the group’s attorneys write. “The plaintiffs do not license ‘Sabotage’ or any of their other intellectual property for third-party product advertising purposes, and deceased Beastie Boys member Adam Yauch included a provision in his will prohibiting such uses.”
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The Beastie Boys says the Chilis ad in question featured three men in “70s-style” wigs, fake mustaches, and sunglasses carrying out a “robbery” of food ingredients from a Chilis. The group says it clearly “intended to evoke” the music video to “Sabotage,” a parody of 1970s “crime drama” television programs that featured Adam “Ad-Rock” Horovitz, Michael “Mike D” Diamond and the late Adam “MCA” Yauch in similar attire.
The band’s lawyers say using the song was bad enough, but that by recreating a video that featured “unauthorized video impersonations of Diamond, Horovitz and Yauch, Brinkers also violated federal trademark law by duping consumers with a false endorsement.
“The public was confused into believing that plaintiffs sponsored, endorsed and are associated with defendant Brinker in promoting defendant Brinker’s ‘Chili’s’ restaurants and products,” the lawsuit reads.
A spokesperson for Brinker did not immediately return a request for comment.
The Beastie Boys are infamously protective of their music when it comes to advertising, a stance underscored by the fact that Yauch’s will featured a provision prohibiting the use of his image, music and any art he created in advertising.
In 2013, the group sued a toy company called GoldieBlox after it released a viral parody of the group’s 1987 song “Girls” to promote its engineering and construction toys for girls, eventually winning a settlement in which the company apologized and donated a portion of its revenues to charities. And in 2015, the group won a $1.7 million verdict against Monster Energy over a video used by the energy drink company that used several of the group’s songs in a promotional video.
But they’ve also given certain uses of their music their blessing. In 2016, “Sabotage” appeared in a trailer for Star Trek Beyond; the next year, the group permitted the song to be used in an advertisement for the video game Destiny 2. Though those were advertisements, both of them were promoting artistic works rather than products.
Cardi B (born Belcalis Almanzar) has been sued for copyright infringement by Joshua Fraustro and Miguel Aguilar, who make up producer duo Kemika1956, alleging that the Grammy-winning rapper used their “Greasy Frybread” track without permission in her hit single “Enough (Miami).” According to court documents filed in Texas federal court on Wednesday (July 3), Fraustro […]
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Earlier this year Kanye West and Ty Dolla $ign were hit with a copyright infringement lawsuit by Donna Summer’s estate for their unauthorized sample of her 1977 hit, “I Feel Love.” But luckily for Ye and Dolla, the issue has been settled and everyone can avoid going to court over the issue.
According to Digital Music News, the issue over Ye and Dolla $ign’s sample of the song on their cut, “Good (Don’t Die),” has officially been put to rest. Interestingly enough, the court documents, which were filed June 20, don’t outline any specifics as to what agreement was reached other than stating that the case itself was “being dismissed with prejudice.” In other words, this case cannot be brought back to court under any circumstances. You have to wonder what led to this final resolution.
Digital Music News reports:
In his lawsuit, Sudano claimed that although the artists sought a clearance request for the use of Summer’s song, they were denied by both the estate and her label, Universal Music Enterprises. Instead, according to Sudano, Ty and Ye “used the song’s iconic melody as the hook for their infringing song and essentially re-recorded almost verbatim key, instantly recognizable portions of “I Feel Love” using a singer soundalike to Summer, with slight changes to the lyrics (also done without permission.”
Ye and his team really got creative trying to get around the copyright infringement didn’t they? Donna Summer’s estate wasn’t the only one to deny Kanye permission to use Summer’s work on his and Ty Dolla $ign’s duo album, Vultures 1, as he found he didn’t quite hold the same weight he did just a few years ago.
Both Nicki Minaj and Ozzy Osbourne confirmed on social media that they refused to authorize samples of their music on the album in the wake of Kanye’s very public descent into antisemitism and hate groups. “West is known as a controversial public figure whose conduct has led numerous brands and business partners to disassociate from him,” Sudano’s lawsuit reads.
Don’t be surprised if more artists (both alive and deceased) deny Kanye permission to sample their work as his MAGA ways have turned off many of his music peers. He might end up with options like Kid Rock and Ted Nugent for his music creations going forward. Just sayin’.
Ye (formerly Kanye West) has finalized a settlement with the estate of Donna Summer to resolve a copyright lawsuit that accused him of “shamelessly” using her 1977 hit “I Feel Love” without permission in his song “Good (Don’t Die).”
In court filings on Thursday, attorneys for both sides said they had “entered into a settlement agreement that is a full and final settlement of all of the claims in the action” and that each side would pay its own legal bills from the dispute. Neither side immediately returned requests for more information on the specific terms of the agreement.
The final settlement, first announced in court filings last month, comes less than four months after Summer’s estate sued the rapper for allegedly interpolating her track in “Good,” which he released on his chart-topping Vultures 1 album.
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Making good on threats to sue issued publicly weeks earlier, the estate’s attorneys claimed at the time that the rapper had “shamelessly used instantly recognizable portions” of her song in his track, despite the fact that her estate had already “explicitly denied” him authorization to do so.
“Summer’s estate … wanted no association with West’s controversial history and specifically rejected West’s proposed use,” her attorneys write. “In the face of this rejection, defendants arrogantly and unilaterally decided they would simply steal ‘I Feel Love’ and use it without permission.”
The Summer estate’s lawyers say Ye re-recorded “almost verbatim” the key portions of her song and then used them as the hook for his own. The estate claims the songs were so similar that fans and critics “instantly recognized” his track as a “blatant rip-off.” The lawsuit also named album collaborator Ty Dolla $ign (Tyrone William Griffin Jr.) as a defendant.
Before the case was even filed, “Good” had been pulled from streaming platforms and removed from digital download versions of the album. As of Friday, the song is still not included on Vultures 1 on Spotify, Apple Music or Amazon Music, though it’s available on YouTube from unofficial accounts.
It is unclear if Thursday’s settlement will allow Ye’s song to return to official circulation, or merely resolve the allegations of past copyright infringement over its initial use of Summer’s song. Attorneys for Ye, Ty Dolla and the estate did not respond to messages asking about the status of the song.
But at least in their initial lawsuit, the Summer estate did not seem to open to collecting an ongoing royalty from the controversial rapper.
“This lawsuit is about more than Defendants’ mere failure to pay the appropriate licensing fee for using another’s musical property. It is also about the rights of artists to decide how their works are used and presented to the public, and the need to prevent anyone from simply stealing creative works when they cannot secure the right to use them legally.”
Ye has been sued repeatedly for uncleared samples and interpolations in his music.
In 2022, he was hit with a lawsuit claiming his song “Life of the Party” illegally sampled a song by the pioneering rap group Boogie Down Productions; accused in another case over allegations that he used an uncleared snippet of Marshall Jefferson’s 1986 house track “Move Your Body” in the song “Flowers”; and sued in a different case by a Texas pastor for allegedly sampling from his recorded sermon in “Come to Life.”
Before that, West and Pusha T were sued in 2019 for sampling George Jackson‘s “I Can’t Do Without You” on the track “Come Back Baby.” That same year, he was sued for allegedly using an audio snippet of a young girl praying in his 2016 song “Ultralight Beam.” Further back, West was hit with similar cases over allegedly unlicensed samples used in “New Slaves,” “Bound 2” and “My Joy.”
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Beyoncé and Big Freedia are the subject of a new lawsuit. A group claims the two lifted elements from their project for “Break My Soul”.
As reported by Digital Music News a four person music collective feels that their work has been infringed upon by Beyoncé. Back in 2002 Da Showstoppaz recorded a single titled “Release A Wiggle” as per a suggestion from one of their colleagues. Surprisingly the song started to pick up traction in their local neighborhood in New Orleans and the group started to perform shows. The group would dissolve in 2004 after Hurricane Katrina ravished the city.
“Break My Soul” features some words from Big Freedia where she says “Release ya wiggle” multiple times on the outro. This single also samples Big Freedia’s 2014 track “Explode” where the Bounce Music pioneer says “Release ya wiggle” throughout the chorus. According to the filing submitted on behalf the group both works infringe on their break out song. “‘Explode’ infringes on Da Showstoppaz’ ‘Release A Wiggle’ twelve times,” the document reads. “As the infringing phrase ‘release yo’ wiggle’ and several other substantially similar phrases are featured prominently in the song. Any reasonable person listening to ‘Release A Wiggle’ and ‘Explode’ would conclude that the songs are substantially similar.”
Neither Beyoncé or Big Freedia have yet to publicly address the matter. You can listen to “Explode” and Da Showstoppaz “Release A Wiggle” and compare below.
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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.