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Music Legal: Jay Z SUED over use of the word 'oh' in Run This Town
- Thread starter playahaitian
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I'm more so mad the nigga clapping regarding somebody "making something better" when he running this slow shitty boardupgrade the damn shit and then clap for that
how you talkin bout a board you stayed glued to
RESPECT HNIC !!
because of this bored I see some of the hate my people have and that is half the battle
AIDS infested ass faggot
Jay Z's 'Run This Town' Sampling Lawsuit Dismissed
Judge rules that an "Oh!" taken from Eddie Bo's "Hook & Sling Part 1" is "not deserving of copyright protection"
The copyright lawsuit that alleged Jay Z's "Run This Town" sampled Eddie Bo's "Hook & Sling Part 1" without permission has been dismissed. The lawsuit, brought forth by TufAmerica, boiled down to how a sampled "Oh!" was utilized in "Run This Town," and in the end, the judge decided one little syllable didn't constitute copyright infringement, the New York Times reports.
'Run This Town' bears very little and perhaps no similarity at all to 'Hook & Sling Part 1.' The melody and lyrics are entirely different. The lyrics do not contain the word 'oh,'" Judge Lewis Kaplan wrote in his statement, adding that the "Oh!" was only used in the background "in such a way as to be audible and aurally intelligible only to the most attentive and capable listener." Kaplan added, "The word 'oh' is a single and commonplace word. Standing alone, it likely is not deserving of copyright protection."
TufAmerica is a copyright administration company that specializes in acquiring the rights of frequently sampled tracks and filing lawsuits on behalf of the original artist (although in this case, Bo passed away in 2009). The label has also pursued legal action against the Beastie Boys, Frank Ocean (over "Super Rich Kids") and Christina Aguilera. TufAmerica similarly sued Kanye West in 2012 for using a sample of "Hook & Sling Part 1" on a pair of My Beautiful Dark Twisted Fantasy tracks, "Lost in the World" and "Who Will Survive in America?" According to the New York Times, that suit was settled out of court.
In 2012, TufAmerica attempted to sue the Beastie Boys – in an unfortunately timed lawsuit filed one day before Adam Yauch passed away – after the group's sample-heavy Paul's Boutique used pieces of Trouble Funk's "Say What" and "Let's Get Small" without permission. However, the suit was dismissed when a court determined that Trouble Funk had already sold the songs to Island Records in 1984, voiding TufAmerica's acquisition of those tracks.
Judge rules that an "Oh!" taken from Eddie Bo's "Hook & Sling Part 1" is "not deserving of copyright protection"
The copyright lawsuit that alleged Jay Z's "Run This Town" sampled Eddie Bo's "Hook & Sling Part 1" without permission has been dismissed. The lawsuit, brought forth by TufAmerica, boiled down to how a sampled "Oh!" was utilized in "Run This Town," and in the end, the judge decided one little syllable didn't constitute copyright infringement, the New York Times reports.
'Run This Town' bears very little and perhaps no similarity at all to 'Hook & Sling Part 1.' The melody and lyrics are entirely different. The lyrics do not contain the word 'oh,'" Judge Lewis Kaplan wrote in his statement, adding that the "Oh!" was only used in the background "in such a way as to be audible and aurally intelligible only to the most attentive and capable listener." Kaplan added, "The word 'oh' is a single and commonplace word. Standing alone, it likely is not deserving of copyright protection."
TufAmerica is a copyright administration company that specializes in acquiring the rights of frequently sampled tracks and filing lawsuits on behalf of the original artist (although in this case, Bo passed away in 2009). The label has also pursued legal action against the Beastie Boys, Frank Ocean (over "Super Rich Kids") and Christina Aguilera. TufAmerica similarly sued Kanye West in 2012 for using a sample of "Hook & Sling Part 1" on a pair of My Beautiful Dark Twisted Fantasy tracks, "Lost in the World" and "Who Will Survive in America?" According to the New York Times, that suit was settled out of court.
In 2012, TufAmerica attempted to sue the Beastie Boys – in an unfortunately timed lawsuit filed one day before Adam Yauch passed away – after the group's sample-heavy Paul's Boutique used pieces of Trouble Funk's "Say What" and "Let's Get Small" without permission. However, the suit was dismissed when a court determined that Trouble Funk had already sold the songs to Island Records in 1984, voiding TufAmerica's acquisition of those tracks.
Judge Dismisses a Suit Over Jay Z’s ‘Run This Town’
http://artsbeat.blogs.nytimes.com/2014/12/09/judge-dismisses-a-suit-over-jay-zs-run-this-town/?_r=1
Oh, boy.
A Federal district judge in Manhattan has dismissed a copyright case brought by TufAmerica, a record label with a history of such complaints, that claimed that Jay Z’s “Run This Town” ripped off a single syllable from an old funk record.
According to TufAmerica’s lawsuit, a “loudly shouted, buoyantly exuberant ‘Oh!’” from the first three seconds of Eddie Bo’s “Hook and Sling – Part I” was sampled 42 times in the background of the rapper’s Grammy-winning 2009 single, featuring Rihanna and Kanye West, from “The Blueprint 3.” (Mr. West and No I.D. produced the track; WB Music Group and Roc Nation were listed among the defendants.)
In a 15-page decision on Monday, the judge, Lewis A. Kaplan, did not dispute the use but ruled that the sound “has essentially no quantitative significance” to the original composition and thus cannot be protected by copyright law. “There is nothing inherently or especially important about ‘oh’ to the message conveyed by, or the theme presented” in the 1969 recording, Judge Kaplan wrote, despite “the adverbs and adjectives that imaginative counsel use to describe it.”
“‘Run This Town’ bears very little and perhaps no similarity at all to ‘Hook and Sling – Part I,” the judge continued. “The melody and lyrics are entirely different. The lyrics do not contain the word ‘oh.’” Rather, Judge Kaplan said, the sound is used “only in the background and in such a way as to be audible and aurally intelligible only to the most attentive and capable listener.””
“The word ‘oh’ is a single and commonplace word. Standing alone, it likely is not deserving of copyright protection,” Judge Kaplan wrote.
TufAmerica has filed numerous copyright lawsuits alleging the unauthorized use of songs from its catalog in samples by artists including the Beastie Boys and Christina Aguilera, and has been derided for its practice of buying up rights to old songs and then pursuing legal action on behalf of the original artists.
TufAmerica sued Mr. West separately last year over the same “oh” sample, as it appeared on his 2010 album “My Dark Twisted Fantasy.” That case was settled, said Kelly D. Talcott, a lawyer who has represented TufAmerica in multiple copyright cases.
“Part of the problem is that courts don’t necessarily realize that a lot of hip-hop is built on sampling,” Mr. Talcott said in an interview. “The way the law is set up now, it is to the detriment of the artist whose music has been sampled.”
As for this particular “oh,” he said, “If I were to enunciate the word ‘oh,’ it would have a very different sound to it than if somebody did it as a performance. It depends on the performance.”
“The fact that it was difficult for the judge to hear the use” in the Jay Z song “didn’t help,” he said.
http://artsbeat.blogs.nytimes.com/2014/12/09/judge-dismisses-a-suit-over-jay-zs-run-this-town/?_r=1
Oh, boy.
A Federal district judge in Manhattan has dismissed a copyright case brought by TufAmerica, a record label with a history of such complaints, that claimed that Jay Z’s “Run This Town” ripped off a single syllable from an old funk record.
According to TufAmerica’s lawsuit, a “loudly shouted, buoyantly exuberant ‘Oh!’” from the first three seconds of Eddie Bo’s “Hook and Sling – Part I” was sampled 42 times in the background of the rapper’s Grammy-winning 2009 single, featuring Rihanna and Kanye West, from “The Blueprint 3.” (Mr. West and No I.D. produced the track; WB Music Group and Roc Nation were listed among the defendants.)
In a 15-page decision on Monday, the judge, Lewis A. Kaplan, did not dispute the use but ruled that the sound “has essentially no quantitative significance” to the original composition and thus cannot be protected by copyright law. “There is nothing inherently or especially important about ‘oh’ to the message conveyed by, or the theme presented” in the 1969 recording, Judge Kaplan wrote, despite “the adverbs and adjectives that imaginative counsel use to describe it.”
“‘Run This Town’ bears very little and perhaps no similarity at all to ‘Hook and Sling – Part I,” the judge continued. “The melody and lyrics are entirely different. The lyrics do not contain the word ‘oh.’” Rather, Judge Kaplan said, the sound is used “only in the background and in such a way as to be audible and aurally intelligible only to the most attentive and capable listener.””
“The word ‘oh’ is a single and commonplace word. Standing alone, it likely is not deserving of copyright protection,” Judge Kaplan wrote.
TufAmerica has filed numerous copyright lawsuits alleging the unauthorized use of songs from its catalog in samples by artists including the Beastie Boys and Christina Aguilera, and has been derided for its practice of buying up rights to old songs and then pursuing legal action on behalf of the original artists.
TufAmerica sued Mr. West separately last year over the same “oh” sample, as it appeared on his 2010 album “My Dark Twisted Fantasy.” That case was settled, said Kelly D. Talcott, a lawyer who has represented TufAmerica in multiple copyright cases.
“Part of the problem is that courts don’t necessarily realize that a lot of hip-hop is built on sampling,” Mr. Talcott said in an interview. “The way the law is set up now, it is to the detriment of the artist whose music has been sampled.”
As for this particular “oh,” he said, “If I were to enunciate the word ‘oh,’ it would have a very different sound to it than if somebody did it as a performance. It depends on the performance.”
“The fact that it was difficult for the judge to hear the use” in the Jay Z song “didn’t help,” he said.
Not gonna front, Hook and Sling is kinda dope. I'm gonna grab that one now. And I'm infringing
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