Copyright
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Ye (formerly Kanye West) has reached a settlement in a copyright lawsuit that accused him of using an uncleared sample from the pioneering rap group Boogie Down Productions in his song “Life of the Party.”
In court documents filed Monday, attorneys for both sides agreed that Ye should be dismissed from the case, with each side to pay their own legal bills. No other terms of the agreement were disclosed publicly, and neither side immediately returned requests for comment.
The Boogie Down lawsuit was one of more than a dozen such cases that have been filed against Ye over claims of unlicensed sampling or interpolating during his prolific career. The controversial rapper has faced nine such infringement cases since 2019 alone, including a high-profile battle with estate of Donna Summer that settled earlier this year.
Filed in November 2022, the current lawsuit was lodged by Phase One Network, the group that owns Boogie Down’s copyrights, over allegations that Ye had used incorporated key aspects from the 1986 song “South Bronx” into “Life of the Party,” which was released on his 2021album Donda.
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Echoing several other sampling lawsuits against Ye, Phase One claimed that the rapper’s representatives had reached out to legally clear the use of the Boogie Down song – but then released it anyway when a deal was never struck.
“The communications confirmed that ‘South Bronx’ had been incorporated into the infringing track even though West had yet to obtain such license,” Phase One’s lawyers wrote. “Despite the fact that final clearance for use of ‘South Bronx’ in the infringing track was never authorized, the infringing track was nevertheless reproduced, sold, distributed, publicly performed and exploited.”
Last summer, attorneys for Ye fought back with an unusual argument: That Boogie Down founder KRS-One had publicly promised all future rappers that “you will not get sued” over sampling the group’s catalog. They cited a 2006 documentary called The Art of 16 Bars, in which KRS-One said “I give to all MCs my entire catalogue.”
Phase One later called that a “bizarre argument,” noting that, when the documentary was made, KRS-One didn’t actually own the music he was claiming to place in the public domain: “Movants cite to no law to support such a theory. KRS-One also could not have placed the Work in the public domain as he did not own it.”
Following Monday’s agreement, Ye and his Yeezy LLC will be dropped from the lawsuit but the case will continue against other several defendants, including the company behind the Stem Player platform on which the song was allegedly released.
With claims of uncleared samples back in the news, Billboard dug up every case that’s been filed against the controversial rapper. Spoiler alert: It’s a lot.
The three major record labels are suing Verizon over allegations that the telecom giant effectively encouraged its internet subscribers to steal copyrighted music on a “staggering” scale.
In a lawsuit filed Friday in Manhattan federal court, Universal Music Group, Warner Music Group and Sony Music Entertainment claim that Verizon has “buried its head in the sand” in the face of repeated warnings about piracy on its network, fostering a “safe haven” for illegal activity.
“While Verizon is famous for its ‘Can you hear me now?’ advertising campaign, it has intentionally chosen not to listen to complaints from copyright owners,” lawyers for the labels wrote. “Rather than taking any steps to address its customers’ illegal use of its network, Verizon deliberately chose to ignore plaintiffs’ notices, willfully blinding itself to that information and prioritizing its own profits over its legal obligations.”
The financial stakes for Verizon could be very large. The labels accuse the company of infringing more than 17,000 songs; if a judge awarded the maximum penalty for each of those songs, the damages could total more than $2.5 billion. The allegedly-infringed tracks include music by The Beatles, Michael Jackson, Beyoncé, Katy Perry and hundreds of other top artists.
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The new case is the latest in a long line of major lawsuits aimed at forcing internet service providers to take more proactive steps to eliminate piracy on their networks. In one such case, the labels initially won a shocking $1 billion verdict against Cox Communications.
For years, internet service providers typically weren’t held liable for individual infringements by their millions of users, thanks to a “safe harbor” provided by the Digital Millennium Copyright Act. But starting in the mid-2010s, music companies began arguing that ISPs had forfeited that immunity by ignoring the DMCA’s requirement that they terminate “repeat infringers” from their network.
Beginning with a landmark case filed by BMG against Cox, those arguments have repeatedly proved successful. Major labels have filed similar cases against Cox, Charter, RCN and other ISPs in courts around the country, often winning huge judgments against them.
In the new lawsuit filed Friday, the labels turned those same arguments against Verizon. The company has allegedly received “hundreds of thousands” of notices of illegal file-sharing by specific subscribers, the lawsuit says, but “deliberately refused to take action” so that it could “continue to collect millions of dollars from them.”
“Verizon’s motivation for refusing to terminate or suspend the accounts of blatant infringing subscribers is simple: Verizon valued corporate profits over its legal responsibilities,” attorneys for the labels wrote.
Back in 2019, a federal jury in Virginia ordered Cox to pay $1 billion in a similar case, awarding the labels more than $99,000 for each of 10,017 separate songs. Though that verdict was later vacated on appeal, Cox could still face a similarly large fine when the total is recalculated in a future trial.
In technical terms, the lawsuit accuses Verizon of contributory infringement (meaning the company induced or authorized its customers to pirate the music) and vicarious infringement (meaning the ISP profited from illegal downloading it could have stopped).
A rep for Verizon did not return a request for comment on Monday.
The U.S. Copyright Office has finalized a new rule aimed at ensuring that songwriters who invoke termination rights to regain control of their music will actually start getting paid streaming royalties after they do so.
The provision, issued on Tuesday, will overturn what the Copyright Office called an “erroneous” earlier policy by the Mechanical Licensing Collective, which critics feared would have kept sending money from streamers like Spotify to former owners in perpetuity, long after a songwriter took back ownership.
Proposals to force the MLC to change that approach, first reported by Billboard in 2022, were supported by a slew of songwriters like Don Henley, Sheryl Crow and Sting, who feared they would be “deprived of the rights afforded to them by copyright law.” The effort was led by groups including the Music Artists Coalition, Songwriters of North America, Black Music Action Coalition and the Recording Academy.
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In a statement on Tuesday, Music Artists Coalition board member Jordan Bromley called the Copyright Office’s new termination rule a “landmark victory for songwriters.”
“This decision not only ensures fair compensation for songwriters who reclaim their rights, but also sets a precedent that strengthens the very foundation of copyright law in the digital age,” Bromley said. “It’s a clear message that in the evolving landscape of music streaming and licensing, the rights of creators must be protected and respected.”
A spokeswoman for the MLC did not return a request for comment.
HOW IT WORKS
The new rule issued Tuesday addresses complex questions about how MLC’s blanket license for streaming royalties, created by the Music Modernization Act in 2018, interacts with so-called termination rights – a federal provision that empowers authors to reclaim the rights to their copyrighted works decades after selling them away.
Though a powerful tool for songwriters, termination comes with an important exception. Even though a publisher must hand back the rights to the original song, they’re entitled to keep selling any existing “derivative works” they created when they owned it. Those continue to be fair game, and any fees under existing licenses keep flowing back to their old publisher.
That exception makes practical sense: It would be unfair to let a terminating songwriter suddenly send cease-and-desists over a famous sample that had been legal when it was initially cleared, or sue over a movie that featured the song under a synch license. But it also creates difficult ambiguity for the MLC and the blanket license.
Say a songwriter terminates their publisher’s control of their music. The writer is now the owner of those songs — that’s easy to figure out. But by paying the MLC for access to the blanket license, Spotify arguably already has an existing license in place with the old publisher. So, isn’t the copy of the song on Spotify an existing derivative work? And shouldn’t the royalties from it continue to go to the old publisher under that license?
Under a dispute resolution policy issued by MLC in 2021, that appeared to be the case. The rules seemed to choose who to pay based on when a song was uploaded to a digital streamer’s servers; if it was uploaded prior to when a songwriter invoked their termination right, the royalties would keep going to the old owner — seemingly forever.
The MLC’s approach was not intended as a scheme to hurt songwriters. According to the Copyright Office, the group saw it as a “middle ground,” aimed at preventing drawn-out disputes that would lock up royalty payments “to the disadvantage of both songwriters and publishers.” But advocates argued that it would undermine the very purpose of termination rights, which were created to level the playing field for small creators who sold their works away to powerful companies.
In October 2022, the Copyright Office largely agreed. In a proposed new rule, the agency said the MLC’s policy was based on an “erroneous understanding and application of current law.” Ordering the group to “immediately repeal its policy in full,” the proposal said that when a songwriter gets their rights back, they should obviously start getting the royalties, too.
Nearly two years later, that rule was finalized on Tuesday. The final version retains most of the core features of the original proposal, though certain elements have been changed to address “practical and administrative concerns” raised by industry groups. In particular, the agency said it had modified how the rule identifies the payee to whom the MLC must distribute royalties, and pushed back deadlines to give the MLC more time to “update its processes and systems.”
QUIETING THE CRITICS
Over the past two years, the proposed rule underwent a so-called public comment period, during which it was met with both support and criticism from outside groups. According to Tuesday’s final rule, one of the “principal critics” was the National Music Publisher’s Association, which argued that the MLC’s original approach had been supported by historical precedent in industry practice.
In the new rule, the Copyright Office said it was “not persuaded by NMPA’s argument” on that issue.
“We do not dispute NMPA’s assertion that certain publishers may have adopted a different approach to termination, but this approach is not supported by the law in the context of the blanket license,” the agency wrote. “The Office is not adopting a new position, or changing the law as it relates to termination or the exception. Nor are we contending that the MMA or blanket license altered the law as it relates to the exception. The Office is merely stating what the law is and has always been.”
The Copyright Office also rejected separate arguments from the NMPA that the new rule was an impermissible “retroactive” rule, or even an unconstitutional “taking” that violated the Fifth Amendment. In doing so, the agency said that “these royalties always belonged to the post-termination copyright owner” and that the new rule simply “implements the law as it already existed.”
Despite earlier disagreements, NMPA President & CEO David Israelite celebrated the final enactment of the rule in a statement Tuesday, saying the group was pleased with a policy that “ensures songwriters are properly and expediently paid post termination.”
“Having clear guidance on this issue will make the MLC and larger industry even more efficient as it gives a clear roadmap to those who have decided to reclaim their copyrights,” Israelite said. “The songwriter groups deserve much credit for working with the Copyright Office and music publishers to push for this decision.”
A spokesperson for the NMPA declined to comment the Copyright Office’s decisions on the group’s specific objections.
Notably, the new rule will not just change the MLC’s approach going forward, but also require “corrective royalty adjustments” to address any money that was paid improperly under the old policy. But such payments are likely to be relatively small: In filings, the MLC has said that it voluntarily suspended the old termination policy while the case played out at the Copyright Office, and that it expects any corrections to total “less than $2 million.”
You can read the entire new rule here.
A federal judge says Megan Thee Stallion didn’t copy her chart-topping “Savage” from an earlier song, ruling there’s no evidence the superstar has ever even heard the little-known instrumental track.
In a decision issued Tuesday (June 18), Judge Katherine Polk Failla dismissed a lawsuit filed last year by producer James A. Greene, who claimed that Megan’s mega-hit infringed the copyrights to his own song “It’s About To Be On.”
Green claimed he had “no doubt” that “Savage” infringed his rights, but Judge Failla ruled that the two songs were clearly different.
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“Plaintiff’s work is an instrumental piece, with little variety in sounds and instruments used throughout,” the judge wrote. “By contrast, ‘Savage’ is a pop song, featuring lyrics as well as a more upbeat tempo. Plaintiff’s work is qualitatively different from ‘Savage,’ and any similarities implicate common, non-copyrightable elements of any song.”
The judge also ruled that the case was flawed for a simpler reason: That it was unlikely Megan and her co-writers had “access” to his song to copy it — a key element in any copyright lawsuit. Green had argued that he passed along CDs in the early 2000s to someone who might have later given them to “Savage” producer J. White Did It.
But Judge Failla said that wasn’t enough: “Plaintiff is unable to allege any chain of events that creates anything more than the ‘bare possibility’ that defendants gained access to plaintiff’s work.”
The judge also ruled that Green’s song was not popular enough that Megan might have heard it on her own: “At best, plaintiff alleges that he undertook his own efforts to distribute the work throughout the music industry to A&R’s, management teams, etc.,” Judge Failla wrote. “Yet such efforts alone fall short of widespread distribution.”
Greene sued Megan (Megan Pete), J. White (Anthony White) and Warner Music Group last year, claiming “Savage” had borrowed material from his “It’s About To Be On,” a three-minute instrumental track he says he released in 1999. He claimed that the two songs shared the same drum pattern and piano note pattern as well as similar siren sounds.
But in Thursday’s ruling, Judge Failla said each of those elements was different in Megan’s song, including the siren sounds.
“In [Green’s song], the siren sound is an atonal chord that appears to be created using a synthesizer,” the judge said. “By contrast, in ‘Savage,’ the alleged siren sound is not a siren at all, but rather is a distorted vocal sample. Put simply, no reasonable listener would discern any similarity.”
Neither side immediately returned a request for comment on Thursday (June 20).
Beyoncé, Sony Music and others are facing a copyright lawsuit over her chart-topping hit “Break My Soul,” filed by a New Orleans group that says she sampled from a Big Easy rapper who had illegally lifted lyrics from their earlier song.
In a complaint filed Wednesday (May 22) in Louisiana federal court, members of Da Showstoppaz accuse Beyoncé (Beyoncé Knowles Carter) of infringing their 2002 song “Release A Wiggle” on “Break My Soul,” which spent two weeks atop the Billboard Hot 100 in 2022.
Rather than stealing their material directly, the group alleges that Beyoncé infringed their copyrights by legally sampling the 2014 song “Explode” by the New Orleans rapper Big Freedia. That track, they say, illegally borrowed several key lyrics from their song.
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“While Mrs. Carter … and others have received many accolades and substantial profits … Da Showstoppaz’s have received nothing—no acknowledgment, no credit, no remuneration of any kind,” the group’s attorneys wrote, also naming Big Freedia (Freddie Ross) as a defendant.
“Explode” was one of several high-profile samples on “Break My Soul,” which also heavily pulled from Robin S.‘s house song “Show Me Love.” After the release of the song, Big Freedia thanked “Queen Beyoncé” and said she had been “honored to be a part of this special moment.”
At the center of the new dispute is the phrase “release yo wiggle” and several related variants, which Da Showstoppaz call “unique phrases” that they coined in their song. They say Big Freedia — a well-known rapper in New Orleans’ bounce music scene — infringed their copyrights by using similar phrases in “Explode.”
“The infringing phrase ‘release yo’ wiggle’ and several other substantially similar phrases are featured prominently in the song and evenly spread out across Explode’s two-minute and forty-seven second runtime,” the group’s lawyers wrote. “Any reasonable person listening to ‘Release A Wiggle’ and ‘Explode’ would conclude that the songs are substantially similar.”
Such allegations could face long odds in court. Copyright law typically does not protect short, simple phrases, and a court could potentially dismiss the case on the grounds that Big Freedia was free to use such lyrics even if The Showstoppaz used them first.
But the group’s lawyers aren’t concerned, saying they “have a copyright to their unique and distinctive lyrics” that was clearly infringed by Big Freedia: “The coined term and phrase ‘release a/yo wiggle’ has now become closely synonymous with Big Freedia, thereby contributing to Big Freedia’s fame. However, Big Fredia did not compose or write the phrase, and Big Freedia never credited Da Showstoppaz as the source.”
According to the lawsuit, Da Showstoppaz first learned about Big Freedia’s song when they heard “Break My Soul.” They say they notified Beyoncé and others of the alleged infringement infringement last month, but that she has refused to take a license.
Reps for Beyoncé and Sony Music did not immediately return a request for comment on the allegations.
The National Music Publishers’ Association (NMPA) has sent a letter to Judiciary Committee leadership in both the U.S. House of Representatives and Senate, asking for the overhaul of the statutory license in section 115 of the Copyright Act, which “prevents private negotiations in a free market” for mechanical royalty rates for songwriters and music publishers in the U.S.
On May 20, David Israelite, the organization’s president and CEO, teased this announcement in a guest column for Billboard, saying: “soon we will unveil a legislative proposal to permanently fix the power imbalance songwriters face by being subject to a compulsory license for their songs.”
In his new letter, NMPA’s Israelite writes that doing away with the 100-year-old system of government-regulated price setting for songwriter and publisher royalties (specifically, mechanical royalties) and allowing rate negotiations to occur in a free market would prevent songwriters and publishers from being taken advantage of by “Big Tech:” “Those who do operate in a free market, such as record labels, have negotiated protections against bad faith tactics. However, music publishers and songwriters have no such leverage under the [Copyright Royalty Board] to do so.”
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For years, music publishers and songwriters have lamented that they do not get to negotiate for their U.S. mechanical royalty rate privately because of wording in section 115 of the Copyright Act, which places “non dramatic musical works,” like songs, under a compulsory license, dating back to 1909. The rate for that license is determined by a set of Copyright Royalty Board judges, who weigh the interests of the music business against that of tech companies like Spotify, Apple Music, Amazon Music and more to determine what they feel is a fair price for music.
Record labels, which work with “sound recording” copyrights, not “musical works,” are able to freely negotiate their rates, as are music publishers and songwriters outside the U.S. Because of the discrepancy between how U.S. music publishers and songwriters are treated compared to others, publishers feel that they are held back from getting the best rates possible.
The letter arrives just a week after music publishers, the NMPA, and the Mechanical Licensing Collective (The MLC) — which collects and distributes mechanical royalties for U.S. publishers and songwriters — waged a war against Spotify for paying a lower U.S. mechanical royalty rate for premium, duo and family plans, starting in March 2024. Spotify believes that the addition of audiobooks to premium, duo and family plans qualifies these tiers as bundles, a type of subscription that pays a lower royalty rate.
For days after this information was first reported, various music organizations made statements against Spotify, often calling its reclassification “cynical” and a “loophole” to pay songwriters less and takes advantage of the settlement made between music publishers, songwriters and streamers to agree on a rate structure for 2023-2027 (known as “Phonorecords IV”), which was approved by the Copyright Royalty Board judges.
In the NMPA’s letter — addressed to Sen. Richard Durbin (D-Ill.), Sen. Lindsey Graham (R-SC), Rep. Jim Jordan (R-OH), and Rep. Jerrold Nadler (D-NY) — Israelite calls Spotify’s move a “manipulat[ion] [of] the compulsory licensing rules” and the latest in what he feels is the “continued abuse of the statutory system by digital services… [which] has made it clear that additional action by Congress is needed.”
On May 15, the NMPA sent a cease and desist letter to the streamer for hosting lyrics, music videos, and podcast content that contain their copyrighted musical works without a proper license. The next day, on May 16, The MLC joined in, filing a lawsuit against Spotify for “improperly” reclassifying its premium, duo and family plans and trying to get a discount, which would result in what Billboard estimates is a $150 million annualized reduction in U.S. mechanical royalties, compared to what they would have paid if these tiers never changed over.
In his new letter, NMPA’s Israelite proposes a solution for abolishing the current system, saying: “Congress should allow rightsholders the choice to license through the MLC using the statutorily set royalty rates or to withdraw from the MLC and operate in a free market if they meet certain conditions.”
He continues, “if copyright owners chose to withdraw their copyrights from the blanket license, currently administered by the MLC, they would be required to do the following:
Require all rightsholders who exercise this option to provide 6 months’ notice to the Register of Copyrights and the MLC;
Require that the withdrawing rightsholders ensure their musical work copyrights and ownership interests are registered in the MLC’s public database;
Require the MLC to flag those rightsholders and their catalogues as withdrawn from the MLC blanket license and subject to voluntary license negotiations; and
Require copyright holders to maintain with the MLC database current, up-to-date contact information, which would be used to contact for licensing.”
Read the full letter below:
Dear Chair Durbin, Ranking Member Graham, Chairman Jordan, and Ranking Member Nadler:
The Music Modernization Act (MMA) has offered not only songwriters and music publishers, but also digital service providers, unprecedented benefits. However, the bill has amplified the need for corrections to the century-old compulsory license governing their work.
Large, foreign-owned companies, like Spotify, should not enjoy unfair advantages over American songwriters because of outdated federal policy. By making one simple change, Congress can undo a more than 100-year-old mistake in the compulsory license and ensure songwriters and music creators continue to benefit from their creative efforts.
How did we get here? Almost six years ago, members of the House and Senate Judiciary Committees came together to pass the MMA, a landmark piece of copyright legislation for the age of digital music streaming. The MMA took important steps forward in improving the compulsory license imposed on songwriters and music publishers by creating the Mechanical Licensing Collective (MLC) to administer a blanket license under Section 115 of the Copyright Act, which is taken by digital music services.
The MLC increased transparency through a public database, furthered licensing efficiency through a central administrator, and improved the process for distributing musical work royalties. However, the benefits did not extend to, or remedy, the ongoing issues faced by rightsholders subject to the government rate-setting process.
The continued abuse of the statutory system by digital services, most recently Spotify, has made clear that additional action by Congress is needed. The royalty rates paid to musical work copyright owners for uses of those works under the Section 115 blanket license are set in a proceeding before the Copyright Royalty Board (CRB), within the Library of Congress, once every five years. In these proceedings, music publishers and songwriters must face off against some of the biggest tech companies in the world: Spotify, Apple, Amazon, Google, among others to establish rates for the use of musical works.
Because the law prevents private negotiations in a free market, publishers and songwriters have seen ongoing abuse of the statutory system and CRB rate-setting process with little ability for recourse. Most recently, Spotify has found a new way to game the statutory rate system to underpay rightsholders by hundreds of millions in royalties.
In March, Spotify began manipulating the compulsory licensing rules and reclassified its premium subscription music service, along with almost 50 million subscribers, into what it is calling a “bundle.” The benefit to taking this action is, under the compulsory royalty rates, bundles attribute less revenue – and therefore pay less in royalties – to the music than a premium subscription music service. Spotify has taken a part of its music service that was previously offered to consumers for free, audiobooks, and it is now calling audiobooks a bundle with its music service to substantially reduce the musical work royalties owed.
Those who do operate in a free market, such as record labels, have negotiated protections against these bad faith tactics. However, music publishers and songwriters have no such leverage under the CRB to do so.
Fortunately, there are solutions Congress can enact that would preserve the benefits of the MMA and the MLC while providing songwriters and publishers a better chance to compete on a level playing field with Big Tech firms like Spotify. Rather than picking who wins and who loses, Congress should allow rightsholders the choice to license through the MLC using the statutorily set royalty rates or to withdraw from the MLC and operate in a free market if they meet certain conditions.
If copyright owners chose to withdraw their copyrights from the blanket license, currently administered by the MLC, they would be required to do the following:
Require all rightsholders who exercise this option to provide 6 months’ notice to the Register of Copyrights and the MLC;
Require that the withdrawing rightsholders ensure their musical work copyrights and ownership interests are registered in the MLC’s public database;
Require the MLC to flag those rightsholders and their catalogues as withdrawn from the MLC blanket license and subject to voluntary license negotiations; and
Require copyright holders to maintain with the MLC database current, up-to-date contact information, which would be used to contact for licensing.
This would give rightsholders the option to stay within the current compulsory system or to operate within a free market. It would also restore basic principles of fairness to the market by requiring streaming platforms to deal with music makers as partners. Finally, it would provide a needed point of leverage for songwriters and music publishers to negotiate with streamers, like Spotify, who can otherwise use their power to bend government regulations to their advantage. All of this could be accomplished by building on the successful infrastructure created by the MMA and the MLC.”
This is The Legal Beat, a weekly newsletter about music law from Billboard Pro, offering you a one-stop cheat sheet of big new cases, important rulings and all the fun stuff in between.
This week: Mary J. Blige’s 1992 “Real Love” draws a new copyright case over an oft-sampled funk song with a long history in both hip hop and music law; Madonna strikes back against angry fans who sued over delayed concerts; Morgan Wallen is charged with multiple felonies after allegedly throwing a chair from the roof of a Nashville bar; and much more.
THE BIG STORY: Sampling Saga
If you’ve listened to any significant amount of rap music over the past 30 years, you’ve probably heard “Impeach the President” by the Honey Drippers — a legendary piece of hip-hop source material with a drum track that’s been sampled or interpolated literally hundreds of times, including by Run-DMC, Biggie, Tupac, Dr. Dre and many others.
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And, allegedly, by Mary J. Blige.
In a lawsuit filed last week, Tuff City Records claimed that Blige’s 1992 classic “Real Love,” which spent 31 weeks on the Hot 100 in 1992, featured an unlicensed sample from “Impeach.” The case claims that Universal Music Publishing has “repeatedly refused” to pay for the underlying composition, even though UMG Recordings has already agreed to a deal covering the master.
The new lawsuit is the latest chapter in a story dating back several decades, starting with a seminal 1991 case over an LL Cool J song that also featured “Impeach” – a legal battle that would ultimately prove to be the beginning of fundamental changes to how the music industry and the courts treated sampling.
Other top stories this week…
MADONNA CONCERT CLASH – The Material Girl fired back at a class action lawsuit filed by New York City fans who are angry that her concerts started later than scheduled, asking for the case to be dismissed. Madonna’s attorneys argued that needing to “wake up early the next day for work” is not the kind of “cognizable injury” someone can sue over, and that “no Madonna fan” has a “reasonable expectation” that her shows will start on time.
LAST NIGHT (ALLEGEDLY) – Morgan Wallen was arrested in Nashville and charged with three felony counts of reckless endangerment over accusations that he threw a chair off the six-story roof of a popular bar on the city’s bustling Broadway street, allegedly narrowly missing several police officers. He was later released on bond, and his lawyer told Billboard he was “cooperating fully with authorities.”
RAMONES MOVIE LAWSUIT – Joey Ramone‘s brother (Mickey Leigh) responded to a lawsuit filed by Johnny Ramone’s widow (Linda Cummings-Ramone) over a planned Netflix movie about the pioneering punk band, calling the case “baseless and flimsy” and arguing that she actually signed off on such a project years ago.
AI COPYRIGHT DISCLOSURE BILL – Rep. Adam Schiff (D-Calif.) introduced new legislation in the U.S. House of Representatives that would require AI companies to disclose which copyrighted works were used to train their models, or face a financial penalty. The measure would not directly require payment to artists, but would certainly make it easier for copyright owners to file infringement cases against AI companies demanding such compensation.
NEW DIDDY ABUSE CASE – Sean “Diddy” Combs was hit with yet another sexual abuse case, this time centering on allegations that his son Christian “King” Combs assaulted a staffer on a luxury yacht in the Caribbean. The case, one of many against Diddy over the past six months, claimed that he “encouraged an environment of debauchery” that enabled his son’s behavior.
ACCUSER’S LAWYER CRITICIZED – Tyrone Blackburn, an attorney who has filed two of the pending sexual abuse cases against Combs, could be facing potential discipline himself. In a scathing ruling last week, a federal judge in an unrelated lawsuit referred him to the court’s grievance committee over his “pattern of behavior” in which he allegedly “improperly files cases in federal court to garner media attention, embarrass defendants with salacious allegations, and pressure defendants to settle quickly.”
ROD WAVE ARRESTED OVER SHOOTING – The rapper was arrested on gun charges in Florida over alleged connections to a shooting last month at a sports bar in St. Petersburg. At a press conference after the arrest, police claimed that the alleged assailants used a getaway car registered to Wave and fled to a house he had rented, where they later discovered two assault rifles and other evidence.
MORE BIZARRE DONDA CLAIMS – Kanye West was hit with another lawsuit filed by a former employee at his Donda Academy, this time accusing him of discriminating against Black staffers. Like the several previous cases from former staffers, the case included bizarre allegations about conditions inside the school – including that West told students to “shave their heads” and that he “intended to put a jail at the school” where students could be “locked in cages.”
Six months after Sam Smith and Normani beat a copyright lawsuit over their 2019 hit “Dancing With a Stranger,” a federal judge is refusing to force their accuser to reimburse their legal fees — a bill the stars say exceeded $700,000.
Smith and Normani have argued that they shouldn’t be forced to foot the huge bill they incurred fending off the “frivolous and unreasonable” lawsuit, which claimed the duo had copied a little-known 2015 song of the same name when they created “Dancing.”
While U.S. District Judge Wesley L. Hsu dismissed the lawsuit last year, he ruled Monday (Mar. 18) that the case was not so completely baseless as to warrant punishing the accuser with paying the stars’ massive legal bill.
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“Plaintiff’s claims were neither frivolous nor objectively unreasonable,” the judge wrote, calling the lawsuit a “close and difficult case” on a “contentious area of copyright law.”
Attorneys for Smith and Normani had argued that the lawsuit was merely a “gamble,” filed against the stars with “hopes for a massive payout.” But Judge Hsu said Monday there was “no evidence” of such ill intent by the accusers.
The case was filed in 2022 by songwriters Jordan Vincent, Christopher Miranda and Rosco Banlaoi, who claimed that “Dancing” was “strikingly similar” to their 2015 same-named track. In their complaint, they said it was “beyond any real doubt” that the song had been copied.
But in September, Judge Hsu said it was, in fact, very much in doubt. Granting Smith and Normani’s motion for an immediate ruling ending the lawsuit, the judge said the songs simply were not similar — and he criticized the plaintiffs for manipulating them to make them appear more alike.
“Permitting copyright plaintiffs to prevail … by rotating chords, recalibrating the tempo, and altering the pitch of a defendant’s song so that it sounds more similar to the plaintiffs’ would lead courts to deem substantially similar two vastly dissimilar musical compositions,” the judge wrote at the time.
Unlike most forms of American litigation, winners in copyright lawsuits are often able to legally recover the money they spent on lawyers fighting the case. Judges grant such requests in cases where a lawsuit shouldn’t have been filed or was litigated too aggressively, and fee awards can serve as a powerful deterrent against future questionable lawsuits.
In an October motion seeking $732,202 in fees, attorneys for Smith and Normani argued that Vincent, Miranda and Banlaoi’s case had been exactly the kind of pointless lawsuit that needs to be deterred. They argued that the songwriters and their lawyers had used aggressive tactics to advance faulty copyright claims that would be bad for all musicians.
“Plaintiff sought to monopolize unprotectable elements that are common property to all,” Smith and Normani’s lawyers wrote at the time. “Claims like Plaintiff’s here threaten to cheat the public domain and curtail the creation of new works.”
But in Monday’s ruling, Judge Hsu was not persuaded. He called Smith and Normani’s arguments “generic reasoning” that would lead to many such awards in future copyright lawsuits.
“Yes, Plaintiff’s counsel aggressively litigated the case,” the judge wrote. “Plaintiff’s conduct in this litigation does not rise to the level that calls for deterrence.”
Judge Hsu did rule that Smith and Normani could recover their legal “costs” from the plaintiffs, but such awards are typically far smaller than awards of attorney’s fees. In earlier court filings, attorneys for Smith and Normani calculated such costs at $10,173.
Neither side’s attorneys immediately returned requests for comment on Tuesday (Mar. 19).
The Black Eyed Peas and Daddy Yankee are facing a lawsuit over allegations that they illegally sampled from classic 90s song “Scatman (Ski-Ba-Bop-Ba-Dop-Bop)” — a case that claims the artists “simply lied” in order to “avoid paying a larger licensing fee.”
In a lawsuit filed March 8, the company that owns the rights to “Scatman” accuse will.i.am (William Adams), Daddy Yankee (Luis Ayala Rodríguez) and others of “clear-cut copyright infringement” over their use of Scatman John’s ear-catching 1995 track in their own 2022 song “Bailar Contigo.”
The current owners of “Scatman” (Iceberg Records AS) claim that they granted a “limited license” allowing the superstars to use the underlying written music, but explicitly warned that a license to actually sample from the sound recording would cost more. The case claims the artists agreed to those terms, but that their “assurances turned out to be pretense.”
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“After comparing the tracks, it is apparent that the derivative work and the song are so strikingly similar that defendants have used the sound recording of the song, rather than just the composition, as agreed,” attorneys for Iceberg write in their lawsuit. “Defendants simply lied to plaintiff about not using the sound recording in order to avoid paying a larger licensing fee.”
The new case highlights the distinction between sampling (the use of an actual recording of an artist’s performance) and interpolation (the use of the same music but re-performed by the new artists). Sampling licenses require paying the owners of both the master and publishing copyrights to a given song, and thus typically cost more than interpolation licenses.
In the case of “Scatman” and “Bailar Contigo,” Iceberg claims it inked an interpolation deal with the Black Eyed Peas and Daddy Yankee in October 2022 in return for 75 percent stake in the publishing rights to the new song and a 5 percent income stream from the new recording. But Iceberg, which also owns the master to the song, says the contract “made clear” that the agreement was not a sampling deal.
“Rights to the recording of the original work (so called master rights) are not subject of this approval and require separate licensing,” the 2022 agreement purportedly read.
But when the song was released in November 2022, Iceberg’s lawyers say it obviously included a sample, not just an interpolation: “Although it appears that defendants attempted to manipulate the sound recording slightly to hide their infringement, the work remains so strikingly similar to the song that it could not have been created without using the song’s sound recording.”
Reps for both the Black Eyed Peas and Daddy Yankee did not immediately return requests for comment on the allegations. In addition to naming will.i.am as a defendant, the lawsuit also named Black Eyed Peas members apl.de.ap (Allen Pineda Lindo) and Taboo (Jaime Luis Gomez); it did not name not Fergie, who left the group in 2018.
Faced with only being able to secure an interpolation deal and not an outright sample clearance, artists will sometimes re-record a song in ways that sound very similar to the original recording. But that practice can ruffle feathers with the owners of masters, and has led to disputes in the past.
Last year, Rick Astley filed a high-profilelawsuit against Yung Gravy over the rapper’s breakout 2022 hit that heavily borrowed from the singer’s iconic “Never Gonna Give You Up,” alleging that the new track — an interpolation that sounded a whole lot like an outright sample — broke the law by impersonating Astley’s voice. In that case, Gravy cleared the underlying music (which Astley does not own) but failed to secure a license to sample the master.
The lawsuit, premised on Astley’s likeness rights, raised big questions about sound-alike songs and sampling, but the dispute was settled on confidential terms in September.