the cac mamba
Banned
http://www.theguardian.com/music/20...town?utm_medium=referral&utm_source=pulsenews
Jay Z is said to be fighting a lawsuit over his use of the word “oh”. Court documents obtained by Techdirt suggest that the rapper is being sued for sampling a single syllable on his 2009 hit single Run This Town.
The case’s broad strokes surfaced toward the end of 2013: a label called TufAmerica claim that Run This Town uses an unlicensed sample from Eddie Bo’s 1969 funk composition Hook and Sling – Part 1, and are accordingly seeking back-royalties and damages. Although Bo died in 2009, TufAmerica acquired the rights to Hook and Sling in 1996; they previously sued Kanye West for sampling the same song.
Recent court papers make clear that TufAmerica’s claim is narrow indeed: according to a legal memorandum (via Billboard), the sample in question amounts to a solitary vowel sound, used only once in Run This Town.
The “plaintiff apparently believes that it has a monopoly on the use of the word ‘oh’ and that it can stop others from using this word in recorded form,” Jay Z’s lawyers wrote. “Even if one short word – or the recording thereof – could possibly be deemed original enough to warrant copyright protection, this fleeting and generic phrase is neither quantitatively nor qualitatively significant.”
If accepted, this argument – that “oh” is de minimis and insufficient cause for a copyright suit – could have a major impact on future sampling cases. Over the past decade, artists in the US have been bound by Bridgeport Music v Dimension Films, where the sixth circuit court of appeals ruled that a two-second sample, consisting of one arpeggiated chord, meant that NWA’s 100 Miles and Runnin’ infringes upon Funkadelic’s Get Off Your Ass and Jam. In that case, the sample appears several times; it was not de minimis, according to judge Ralph Guy, and requiring that similar samples be licensed “[does not] stifle creativity in any significant way”.
Jay Z and his co-defendants WB Music Corp, Warner-Tamerlane Publishing, Roc Nation, Atlantic and Roc-A-Fella Records are awaiting judgment on their motion to dismiss the suit.
Jay Z is said to be fighting a lawsuit over his use of the word “oh”. Court documents obtained by Techdirt suggest that the rapper is being sued for sampling a single syllable on his 2009 hit single Run This Town.
The case’s broad strokes surfaced toward the end of 2013: a label called TufAmerica claim that Run This Town uses an unlicensed sample from Eddie Bo’s 1969 funk composition Hook and Sling – Part 1, and are accordingly seeking back-royalties and damages. Although Bo died in 2009, TufAmerica acquired the rights to Hook and Sling in 1996; they previously sued Kanye West for sampling the same song.
Recent court papers make clear that TufAmerica’s claim is narrow indeed: according to a legal memorandum (via Billboard), the sample in question amounts to a solitary vowel sound, used only once in Run This Town.
The “plaintiff apparently believes that it has a monopoly on the use of the word ‘oh’ and that it can stop others from using this word in recorded form,” Jay Z’s lawyers wrote. “Even if one short word – or the recording thereof – could possibly be deemed original enough to warrant copyright protection, this fleeting and generic phrase is neither quantitatively nor qualitatively significant.”
If accepted, this argument – that “oh” is de minimis and insufficient cause for a copyright suit – could have a major impact on future sampling cases. Over the past decade, artists in the US have been bound by Bridgeport Music v Dimension Films, where the sixth circuit court of appeals ruled that a two-second sample, consisting of one arpeggiated chord, meant that NWA’s 100 Miles and Runnin’ infringes upon Funkadelic’s Get Off Your Ass and Jam. In that case, the sample appears several times; it was not de minimis, according to judge Ralph Guy, and requiring that similar samples be licensed “[does not] stifle creativity in any significant way”.
Jay Z and his co-defendants WB Music Corp, Warner-Tamerlane Publishing, Roc Nation, Atlantic and Roc-A-Fella Records are awaiting judgment on their motion to dismiss the suit.
