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View Full Version : Cypress Hill and Leaders Of The New School getting sued for 20 year old samples, wtf


claaa7
09-15-2010, 04:48 AM
this is some serious bullshit, fucking 20 years ago and now this company is on some rampage with 2 suit of it's kind in one week.


Drive-In Music has filed a lawsuit against Cypress Hill (http://www.hiphopdx.com/index/album-reviews/id.1417/title.cypress-hill-rise-up) for illegally utilizing a part of The Music Machine's "Come On In." The suit was filed on September 10, against both Cypress Hill and Applehttp://images.intellitxt.com/ast/adTypes/2b.gif (http://www.hiphopdx.com/index/news/id.12221/title.cypress-hill-apple-sued-for-how-i-could-just-kill-a-man#), in the Central District Court of California.


The Cypress song in question is "How I Could Just Kill a Man," a single that the group released to great success in 1991, as part of their self-titled debut album on Ruffhouse Records.


The group also sued Applehttp://images.intellitxt.com/ast/adTypes/2b.gif (http://www.hiphopdx.com/index/news/id.12221/title.cypress-hill-apple-sued-for-how-i-could-just-kill-a-man#) because the song is still being sold on iTunes.


This follows another lawsuit, filed by Drive-In last week, against another 1990s Hip Hop group, Leaders of the New School.
While some may ask why the lawsuit comes at this time, Drive-In claims they did not know of the songs before. Their lawsuit asks to stop sales of the group's debut album and asks for damages.



Last month, DJ Muggs, the song's producer, teamed with Ill Bill to release Kill Devil Hills (http://www.hiphopdx.com/index/album-reviews/id.1511/title.dj-muggs-vs-ill-bill-kill-devil-hills). Fellow Cypress Hill member B-Real has a mixtape planned to release later this month.


Busta Rhymes (http://www.hiphopdx.com/index/interviews/id.944/title.busta-rhymes-mick-boogie-tale-of-the-tape) (http://www.hiphopdx.com/index/interviews/id.944/title.busta-rhymes-mick-boogie-tale-of-the-tape)and other former members of the Leaders Of the New School are being sued for copyright infringement on a song they made in 1991. 19 years after the song released, executives at the Drive-In Music Company say the track, "Case of the P.T.A." on the group's debut album is an illegal sample of the Dyke and The Blazers song "Let A Woman Be A Woman, Let A Man Be A Man." The company explained that it had no clue of the song's existence until recently.

In addition to suing the group, Drive-In Music Company is also filing suit against the group's former home, Elektrahttp://images.intellitxt.com/ast/adTypes/2b.gif (http://www.hiphopdx.com/index/news/id.12157/title.busta-rhymes-lons-sued-over-91-song/#) Records.

The lawsuit asks the judge to place a permanent injunction on the sale of the album and insists that copies of the CD be removed from shelves.

Tecknowledgist
09-15-2010, 05:24 AM
all these greedy artists could clear out the pockets of almost every rapper from that era, and it's bullshit.

6FFUwIrT0jg

M.O.D.
09-15-2010, 05:36 AM
thats some wild shit

Mr. R&B
09-15-2010, 05:36 AM
It probably has to do with the fact that whoever was in charge at Drive-In Music didn't mind those samples being used, but the person in charge now does

I'm quite certain that the former is now deceased and some greedy faggot has overtaken the company.

Why anyone would sue Leaders Of The New School is beyond me, they're incredibly irrelevant in the current musical landscape.

It's not like any of their material is making money.

It's actually like a slap in the face to the other dudes in L.O.N.S., they're gonna have to come out the pocket with money from their janatorial paychecks if the suit is successful.

Frank Sobotka
09-15-2010, 07:54 AM
What the fuck?
20 fucking years?
THat's more then my entire lifetime!

fatboybrandon
09-15-2010, 08:06 AM
I don't blame the original artists sueing Hip Hop, if I found out somebody stole from me I would. I have a balanced appreciation for both Hip Hop and some musical genres that heavily sample Hip Hop so I can understand where both sides are coming from.

I sometimes sit and wonder how the artists of the 70's are being introduced to all their sampled music today on the web, or if their even aware of technology at all to go after artists.

Mr. R&B
09-15-2010, 09:45 AM
I'm pretty sure that Leaders of the New School album is out of print anyways.

Stupid assholes.

Martial-Expert
09-15-2010, 03:36 PM
i was born in 1991 haha still they used there music without permission so they owe the original artists something, but it is greedy of them after all these years

EAGLE EYE
09-15-2010, 03:59 PM
Yea it's a pretty well known fact that 90's hiphop artists were heavy samplers but it's ridiculous suits like this that surface which scream for our copyright system to be reformed for the digital age. I think there is even a statute somewhere in the books that says music which has existed for 20 something years on the market eventually is made available to the public domain for creative or non-commercial use??

However Leaders of the New school probably couldn't benefit and should of had the samples cleared.


Regardless Drive-In music Inc. most likely doesn't have any emotional attachment or suffering to these uncleared samples since they (and many others) even outside this industry have created a very well-oiled, lucrative machine for generating a new-age revenue stream based on infringement. Even small movie studios have recently aligned with the MPAA + their lawyers to issue batch lawsuits for people downloading specific lesser known movie titles.

Drive-In Music also filed this suit back in March:



Lawsuit Details



RFC Case Number: C-D10-1783C Court Case Number: 2:10-cv-01783-JFW-PLA File Date: Thursday, March 11, 2010 Plaintiff:;Drive-In Music Company, Inc.
Plaintiff Counsel: Allen Hyman, Christine Elaine Coverdale of Law Offices of Allen Hyman
Defendant: CBS Corporation
CBS Broadcasting, Inc.
Kia Motors America, Inc.
David & Goliath, LLC
NFL Enterprises, LLC
Ninja Tune Records
Counter Records
Just Isn't Music
Daniel Taylor
Spencer Page
Chris Ellul
Kelvin Swaby
Cause: 17:101 Copyright Infringement Court:Judge: Judge John F. Walter
Referred To: Magistrate Judge Paul L. Abrams
Notes:

Docket Text




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For daily updates on this case, sign-up for a Lawsuit Tracker.
See the box on the right side of this page for details on the Lawsuit Tracker
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 Date #  Docket Text 3/11/2010 4 NOTICE TO PARTIES OF ADR PILOT PROGRAM filed.(ghap) (Entered: 03/11/2010) 3/11/2010 3 NOTICE TO COUNSEL RE: Copyright, Patent and Trademark Reporting Requirements. Counsel shall file the appropriate AO-120 and/or AO-121 form with the Clerk within 10 days. (ghap) (Entered: 03/11/2010) 3/11/2010 2 CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Drive-In Music Company, Inc. (ghap) (Entered: 03/11/2010) 3/11/2010 1 COMPLAINT against Defendants CBS Broadcasting, Inc., CBS Corporation, Counter Records, David & Goliath, LLC, Chris Ellul, Just Isn't Music, Kia Motors America, Inc., NFL Enterprises, LLC, Ninja Tune Records, Spencer Page, Kelvin Swaby, Daniel Taylor. Case assigned to Judge John F. Walter for all further proceedings. Discovery referred to Magistrate Judge Paul L. Abrams.(Filing fee $ 350: PAID) Jury Demanded., filed by plaintiff Drive-In Music Company, Inc.(ghap) (Entered: 03/11/2010) California Central District Court

kurupt_kw
09-15-2010, 06:32 PM
Were there even laws in place in the early 90's to protect artists from sampling? From what I understood there wasn't an issue with artists sampling back then. I'm thinking the courts even said that it wasn't copywrite infringement because they were only taking a small pieces of the overall song and used it differently so in essence wasn't completely copying it?

In a particular case an original artist took someone to court and won the case which set a precedent that any future sample would have to be cleared before it could be used.

Does anyone else know anything about this? Am I spitting random bullshit that I believe to be true? Maybe I'm losing it? It's been a lot of years man.

EAGLE EYE
09-15-2010, 08:04 PM
Were there even laws in place in the early 90's to protect artists from sampling?

Yes.

A handful of Rock artists who made it big in the 70's sued large corporations in the late 80's - 90's for sampling their works to be used in commercials.

Back in that era, musicians would never let their work be perverted for commercial use. If an artist did happen to create a radio/tv jingle or theme, they were looked upon as desperate.

Things have certainly changed.

David Daniel Davis
09-16-2010, 03:16 PM
I knew whosampled.com was going to cause stuff like this; I bet that is how they found about those songs.

djskillz
09-16-2010, 04:32 PM
that's fucked up. not only are they suing the artists, they're suing apple too for having the songs available for purchase. but fuck drive in music for try'na make some quick cash off this cause you KNOW that none of the money is going to the original artist or their families, it's all for the label and that's why i have a problem with it.

SHEEPISH LORD OF CHAOS
09-16-2010, 04:46 PM
Yes.

A handful of Rock artists who made it big in the 70's sued large corporations in the late 80's - 90's for sampling their works to be used in commercials.

Back in that era, musicians would never let their work be perverted for commercial use. If an artist did happen to create a radio/tv jingle or theme, they were looked upon as desperate.

Things have certainly changed.

c'mon vanilla ice the most famous rap case of being sued for smaple use, and now even biggie's first album can't be sold right now cuz of law suit with artist diddy and everybody sampled

claaa7
09-16-2010, 05:14 PM
I knew whosampled.com was going to cause stuff like this; I bet that is how they found about those songs.

co-sign, i really never liked people writing out who sampled what and for what record on places like that and wikipedia and whatnot. i know DJ Premier's team made the webmaster of djpremierblog.com take down all the sample sources he had posted.

oDoUoSoKo
09-16-2010, 09:11 PM
all these greedy artists could clear out the pockets of almost every rapper from that era, and it's bullshit.

6FFUwIrT0jg
+rep...good post...eloels.

stay gold
09-16-2010, 09:27 PM
What a bunch of greedy bastards...