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Skull Snaps Sue Tame Impala

TheKindCromangTheKindCromang 1,463 Posts
edited August 2015 in Strut Central
http://pitchfork.com/news/60872-tame-impala-threatened-with-lawsuit-over-eventually/

At first listen I was dubious but if you make it all the way to the end of the song there's the New Day break pretty much unaltered

  Comments

  • caicai spacecho 362 Posts
    Interested to see what happens. I haven't compared the two side by side but I did notice the similarity. It could be that Parker used the New Day groove and substituted his own sounds. If not and it is a direct sample it's a pretty douchey way to react.
  • jammyjammy remixing bongo rock... 813 Posts
    I can hear a very mild similarity with the drum sound but the pattern is nowhere near similar throughout the entire song until you reach the outro. Even in the outro the pattern only bears a fleeting resemblance to 'Skull Snaps'. Clutching at straws.
  • caicai spacecho 362 Posts
    jammy said:
    the pattern is nowhere near similar throughout the entire song until you reach the outro.

    Yeah, there's only two bars where it sounds similar IMO
  • Big_StacksBig_Stacks "I don't worry about hittin' power, cause I don't give 'em nuttin' to hit." 4,670 Posts
    Hey,

    If you loop up slut breaks, then you might get burned.

    Peace,

    Big Stacks from Kakalak
  • kicks79kicks79 1,343 Posts
    Wow what a painful song to have to sit through to identify potential stolen drum loop.
    Glad Im not a musicologist !
  • Jonny_PaycheckJonny_Paycheck 17,825 Posts
    it's. not. a. sample.

    this isn't the first time Skull Snaps has sued someone over "New Day" where the song wasn't sampled at all, so it's not surprising.

    there is one bar that is identical in terms of the pattern. this has, up until now, not been considered copyright-able.

    I'll be interested to see how it turns out, but it's bullshit... in my humble op
  • SPlDEYSPlDEY Vegas 3,375 Posts
    How can you own a drum pattern?

    - spidey
  • skelskel You can't cheat karma 5,033 Posts
    SPlDEY said:
    How can you own a drum pattern?

    - spidey

    ^^^^^^^
    Something Jamaica has known for decades
  • dukeofdelridgedukeofdelridge urgent.monkey.mice 2,453 Posts
    That Parker refers to Culley as "the creator of the famous Skull Snaps drum sample," instead of "the Skull Snaps' drummer" strikes me. Dismissive and kinda gross.

  • DJ_EnkiDJ_Enki 6,475 Posts
    JonnyPaycheck said:
    it's. not. a. sample.

    there is one bar that is identical in terms of the pattern. this has, up until now, not been considered copyright-able.

    The same issue is being put to the test in Black Heat's lawsuit against Dr. Luke for a replay of the "Zimba Ku" break in a Jessie J song.
  • DocMcCoyDocMcCoy "Go and laugh in your own country!" 5,917 Posts
    And this is why all those people who rode for the Gaye estate over that bullshit Blurred Lines case because they didn't like Pharrell and/or Robin Thicke need to STFU and just eat that bag of dicks. Be careful what you wish for, dudes, because very soon someone will come after one of your heroes over a use just like this. At which point, you'll be able to hold the self-righteous outrage of all these know-nothings in your hands - "Rap is a art, you can't own no loops", etc. You can't copyright a drum lick either. Too bad, bottle's open.

    Even if it turns out Tame Impala chopped the sample and bounced it around the pads (which is what it sounded like to me on first listen), there is no way in hell you can make a substantiality argument for the use.
  • leftrightleftright 101 Posts
    have fun losing this case, Samm Culley
  • sticky_dojahsticky_dojah New York City. 2,136 Posts
    Maybe Can should sue 24 Karat Black then...
  • trzakhstantrzakhstan IA 198 Posts
    Who do I sue if I physically injure myself while listening to a youtube of that godawful tame impala song?
  • BeatsoupBeatsoup 511 Posts
    Same pattern but they're not using the original recording.. High hat level is a give away.

    I went to a small party like ten people and the host encouraged people to bring "vinyl. Some dude brought Lonerism and played a side (ehh?)... Then he brought up the lawsuit and couldn't remember the band. "Oh that's the Skull Snaps" I said. Silence, no one had heard of them.
  • TheKindCromangTheKindCromang 1,463 Posts
    Beatsoup said:
    I went to a small party like ten people and the host encouraged people to bring "vinyl. Some dude brought Lonerism and played a side (ehh?)... Then he brought up the lawsuit and couldn't remember the band. "Oh that's the Skull Snaps" I said. Silence, know one had heard of them.

    The theoretical "upside" to an artist being sampled is that their musical reach and the number of people aware of said artist would then be expanded. Half the shit I listen to today is because it was mentioned in liner notes of the artists who sampled those records. Then again, all of those samples were cleared, but even beyond that there was an interest to discover the ones that weren't mentioned. Has that interest in hearing and finding out about the original artists also gone the way of liner notes and physical formats?
  • kicks79kicks79 1,343 Posts
    I think the average person probably doesn't think or care about where a sample comes from.
    Its only certain people that are interested in or get some kind of joy from hearing the original source or artists work.
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