As much as i despise carter and wife i have to buy him a brandy for this one......fucking awesome!
Hoping that Roy c and the estate of the mighty James Black get some next
http://www.deathandtaxesmag.com/232381/jay-z-wins-precedent-setting-copyright-lawsuit/
Jay Z wins precedent-setting copyright lawsuit
The thin line between “copyright infringement” and “frivolous lawsuits” has been made clear for the foreseeable future as a Manhattan judge dismissed a lawsuit concerning Jay Z’s 2009 track “Run This Town.” The suit had been filed by TufAmerica, a company that does little more than buy up old song rights and try to sue people for sampling. It centered on the use of the word “Oh” from Eddie Bo’s “Hook And Sling – Part 1,” and Judge Lewis A Kaplan said that while the sound is there, it “has essentially no quantitative significance.”
TufAmerica has gone after the likes of Kanye West, Frank Ocean and the Beastie Boys over the years, and they are basically the musical equivalent of patent trolls. In the Jay Z case, despite the TufAmerica team using “the adverbs and adjectives that imaginative counsel use to describe” the “Oh” in question, Judge Kaplan stated, “There is nothing inherently or especially important about ‘oh’ to the message conveyed by, or the theme presented.”
This ruling in essence serves as a precedent for the new era of music sampling, as there are countless cases where an artist borrows a single syllable or word for the background of their song and feel they are doing so under the grey area of “fair use.” Judge Kaplan cemented artists who wish to do just this in the future in his 15 page decision with phrases like, “The word ‘oh’ is a single and commonplace word. Standing alone, it likely is not deserving of copyright protection.”
Oddly enough, TufAmerica sued Kanye West last year for using the exact same sound byte, though that case was settled out of court. As we reported previously, Jay Z decided to foot the bill to battle this incarnation of the claim to the end, perhaps so other artists can more easily have similar suits dismissed.
Attempting to downplay the judge’s decision, TufAmerica lawyer Kelly Talcott stated that even using a single syllable should be grounds for royalty payment but, “The way the law is set up now, it is to the detriment of the artist whose music has been sampled.”
Apparently, Mr. Talcott doesn’t understand the difference between
Hoping that Roy c and the estate of the mighty James Black get some next
http://www.deathandtaxesmag.com/232381/jay-z-wins-precedent-setting-copyright-lawsuit/
Jay Z wins precedent-setting copyright lawsuit
The thin line between “copyright infringement” and “frivolous lawsuits” has been made clear for the foreseeable future as a Manhattan judge dismissed a lawsuit concerning Jay Z’s 2009 track “Run This Town.” The suit had been filed by TufAmerica, a company that does little more than buy up old song rights and try to sue people for sampling. It centered on the use of the word “Oh” from Eddie Bo’s “Hook And Sling – Part 1,” and Judge Lewis A Kaplan said that while the sound is there, it “has essentially no quantitative significance.”
TufAmerica has gone after the likes of Kanye West, Frank Ocean and the Beastie Boys over the years, and they are basically the musical equivalent of patent trolls. In the Jay Z case, despite the TufAmerica team using “the adverbs and adjectives that imaginative counsel use to describe” the “Oh” in question, Judge Kaplan stated, “There is nothing inherently or especially important about ‘oh’ to the message conveyed by, or the theme presented.”
This ruling in essence serves as a precedent for the new era of music sampling, as there are countless cases where an artist borrows a single syllable or word for the background of their song and feel they are doing so under the grey area of “fair use.” Judge Kaplan cemented artists who wish to do just this in the future in his 15 page decision with phrases like, “The word ‘oh’ is a single and commonplace word. Standing alone, it likely is not deserving of copyright protection.”
Oddly enough, TufAmerica sued Kanye West last year for using the exact same sound byte, though that case was settled out of court. As we reported previously, Jay Z decided to foot the bill to battle this incarnation of the claim to the end, perhaps so other artists can more easily have similar suits dismissed.
Attempting to downplay the judge’s decision, TufAmerica lawyer Kelly Talcott stated that even using a single syllable should be grounds for royalty payment but, “The way the law is set up now, it is to the detriment of the artist whose music has been sampled.”
Apparently, Mr. Talcott doesn’t understand the difference between
