copyright infringement
Page: 5
Bad Bunny has reached a tentative settlement in a lawsuit that accused the Puerto Rican superstar and his collaborators of “unauthorized incorporation” of three DJ Playero songs into his 2020 track “Safaera,” according to legal documents obtained by Billboard.
The “settlement in principle” was reached Jan. 17 after both parties — in this case, Bunny and the Florida-based company AOM Music — participated in a mediation. After notice of the settlement was filed with the court, a federal judge in California suspended future hearings in the case.
The court document notes that the process will “take some time since the settlement is complex and will require the review and approval of multiple corporate and individual parties.” The parties are required to submit a joint report on the status of the settlement if a dismissal of the case hasn’t been filed by Feb. 17.
Filed by AOM Music, also known as BM Records, on Sept. 27, 2021, the lawsuit claimed that Bad Bunny “stole” samples from reggaeton pioneer DJ Playero’s “Besa Tu Cuerpo,” “Chocha Con Bicho” and “Sigan Bailando” for “Safaera,” a global hit that was included on the superstar’s history-making album YHLQMDLG. “No license or authorization was obtained,” the suit alleged.
After the complaint was filed, DJ Playero took to Instagram with a statement clarifying he knew nothing of the lawsuit and had nothing but respect for all the artists involved. “I am proud that I was part of opening the doors to these artists who are known worldwide today,” he wrote, “a song that sounds on the radio and in the world with part of a track of mine is a beautiful feeling that no one can imagine.”
Produced by Tainy, DJ Orma and Subelo Neo, the nearly five-minute “Safaera” — which features Jowell & Randy and Ñengo Flow — is a mashup of old school perreo and reggaetón beats and samples and interpolates various classic hits, including the signature six-note hook to Missy Elliott’s “Get Ur Freak On.”
When it was released in early 2020, “Safaera” was temporarily pulled from Spotify due to a claim that a fragment of the song had not cleared the corresponding rights. In a back-and-forth last year, rapper Missy Elliott weighed in on Twitter after successfully getting her royalties for the song.
Elliott’s response came after Jowell (of Jowell & Randy) claimed his royalties had dropped to 1% after the rapper was properly compensated. “Sadly you mislead all these people to make them think I have 99%,” Elliott wrote at the time. “Now I don’t talk business on line because that’s messy but now we are here I have 25% and there is 6 other samples & 15 other writers on this one song.”
Read the full settlement notice below:
Lawyers for Dr. Dre sent a scathing cease-and-desist letter to Marjorie Taylor Greene on Monday (Jan. 9), threatening her with legal action after she used the rapper’s 1999 smash hit “Still D.R.E.” without permission in a social media post.
Hours after the superstar publicly slammed the Republican congresswoman over the post — he said he’d never license his song to someone so “divisive and hateful” — his lawyers formally told Taylor Greene that her post constituted copyright infringement and that she had until Wednesday to remove it.
“You are wrongfully exploiting his work through the various social media outlets to promote your divisive and hateful political agenda,” wrote attorney Howard King in a copy of the letter obtained by Billboard.
The video in question — posted Monday morning on Greene’s social media accounts — features the Republican representative strutting through the halls of Congress in slow motion, grinning at the camera as Dre’s infamous piano riff from “Still D.R.E.” repeats on a loop. By Monday evening, the video had already been disabled by Twitter.
If actually unlicensed, the use of a copyrighted song in a political advertisement would almost certainly constitute infringement. In Monday’s letter, Dre’s lawyers told Greene as much — and then some.
“The United States Copyright Act says a lot of things, one of the things it says is that you can’t use someone else’s song for your political campaign promotions unless you get permission from the owner of the copyright in the song, a step you failed to take,” King wrote.
Top artists have long chafed at the use of their music by politicians, particularly conservatives. Foo Fighters and John Mellencamp blasted John McCain for using their music during the 2008 presidential election, and Neil Young, Guns N’ Roses, Pharrell, Rihanna and the estate of Tom Petty have all spoken out about their music being used at campaign events for Donald Trump.
Owing to the complex thicket of blanket licenses that govern the public performance of music, it’s actually more complicated than you might expect for artists to prevent their music from being played at political rallies. But the use of music in a video advertisement is far more straightforward; if a politician doesn’t secure a license, a musician has a great case for copyright infringement.
In Monday’s letter, Dre’s lawyers said that a federal lawmaker ought to know that.
“One might expect that, as a member of Congress, you would have a passing familiarity with the laws of our country,” King wrote. “It’s possible, though, that laws governing intellectual property are a little too arcane and insufficiently populist for you to really have spent much time on. We’re writing because we think an actual lawmaker should be making laws not breaking laws, especially those embodied in the constitution by the founding fathers.”
Greene’s office did not immediately respond to a request for comment from Billboard, but she reportedly told TMZ: “While I appreciate the creative chord progression, I would never play your words of violence against women and police officers, and your glorification of the thug life and drugs.”