aaron fucks just got served hard by hova

kalakala 3,361 Posts
edited December 2014 in Strut Central
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

  Comments


  • I'm sure Fuchs has 100+ lawsuits in the air at any given time, he lost one of them.

    He probably didn't even notice.

  • DuderonomyDuderonomy Haut de la Garenne 7,784 Posts

    TufAmerica sound like a bunch of cunts.

  • DocMcCoyDocMcCoy "Go and laugh in your own country!" 5,913 Posts
    Horseleech said:
    I'm sure Fuchs has 100+ lawsuits in the air at any given time, he lost one of them.

    He probably didn't even notice.

    That's plausible, I guess. But with regard to samples, my guess is that a good 50% of those 100+ suits would be of this nature, and the other 50% would involve Impeach The President. Either way, I reckon we're going to see much less of this kind of opportunism in future. Although, to be honest, I'm a little surprised that the Beasties vs. James Newton suit hasn't already brought the curtain down on most of it anyway.

  • kala said:


    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.”


    TufAmerica's lawsuit isn't about the benefit to the artist. Eddie Bo died years ago, & his family wouldn't see a dime from a settlement due to the record deal Bo had.

  • JimsterJimster Cruffiton.etsy.com 6,891 Posts
    I see there's a gap in the market for flat-fee "Oh"s

    $10 a .wav

    pm me.

    Other words available.

  • LaserWolfLaserWolf Portland Oregon 11,517 Posts
    Fuchs will notice because he has very few cases that go to court. And, if what the article says is true, this is a precedent setting suit that will limit his claims in the future.

  • Bon VivantBon Vivant The Eye of the Storm 2,018 Posts
    This is a bizarre ruling that is not grounded in US copyright law. "Fair use" only applies in limited circumstances, and, unlike in Europe, there is no de minimis defense for use of a sound recording. You either use the sound recording, or you don't.

    This could get overturned on appeal.

  • did Fuchs even establish that the "oh" was from "Hook & Sling"? The way I hear it, that noise could be from literally anywhere, and my understanding is that a highly respected musicologist testified to the same effect.

  • J i m s t e r said:
    I see there's a gap in the market for flat-fee "Oh"s

    $10 a .wav

    pm me.

    Other words available.

    but can you "oh" like eddie bo?

  • RockadelicRockadelic Out Digging 13,993 Posts
    JonnyPaycheck said:
    musicologist

    This word amuses me

    " You mean, let me understand this cause, ya know maybe it's me, I'm a little fucked up maybe, but I'm funny how, I mean funny like I'm a clown, I amuse you? I make you laugh, I'm here to fuckin' amuse you?"

  • LaserWolf said:
    Fuchs will notice because he has very few cases that go to court. And, if what the article says is true, this is a precedent setting suit that will limit his claims in the future.

    There's nothing in this ruling that prevents Fuchs from filing an identical suit against somebody else in the future, and if that person doesn't have very deep pockets they'll be shit out of luck, 'precedent' or no.

    This will have very little effect on him and I'm sure he'll keep on doing what he's been doing for the foreseeable future.

  • ostost Montreal 1,375 Posts
    There's a reason why so many people have used that sample. It's good and it's unique. There are plenty of "oh" samples but none like that. So, this is a strange ruling but an interesting one in that it sets a precedent for other types of samples. Can we now sample James Brown grunts because there's nothing unique to a grunt. Sample any drum sound because there's nothing unique to a drum sound?

  • The_NonThe_Non 5,691 Posts
    ost said:
    There's a reason why so many people have used that sample. It's good and it's unique. There are plenty of "oh" samples but none like that. So, this is a strange ruling but an interesting one in that it sets a precedent for other types of samples. Can we now sample James Brown grunts because there's nothing unique to a grunt. Sample any drum sound because there's nothing unique to a drum sound?

    You go first! :lol:
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