According to Rolling Stone and New York Daily News, a record label representing deceased R&B artist Eddie Bo filed a copyright infringement lawsuit against Shawn “Jay Z” Carter and his record label for the alleged use of Bo’s 1996 single entitled “Hook & Sling Part 1” without receiving sample clearance/permission.
TufAmerica has a history of filing lawsuits to protect their copyright interests. In 2010, they sued Kanye West and his label for the use of the same song without permission on his record “My Beautiful Dark Twisted Fantasy.” At the time of the filing, TufAmerica claimed that though West’s label paid a licensing fee, they “failed and refused to enter into written license agreements that accounted for their multiple other uses of [‘Hook and Sling’].” TufAmerica has also sued the Beastie Boys and Christina Aguilera.
What does this mean?:
Creators of works of art, in this case lyrics and underline music (beats, arrangements, etc.), have an ownership interest in what they create. This includes rights to control how it is recorded, distributed, performed, reproduced, displayed, etc. (The technical five fundamental rights are the rights of reproduction, adaptation, publication, performances and display.) Most, if not all, songs you hear on the radio, on the internet and on television have been registered with the Library of Congress for copyright protection.
In order to legally and rightfully utilize the work of others, even for purposes of sampling or making what may be considered a derivative work from another song, a record label or artist must negotiate and enter into a licensing agreement with the owners and publishers of the work. This includes paying a licensing fee and possibly a percentage of royalties. TufAmerica is claiming that Jay Z and his label failed to adequately do so regarding the alleged inclusion of “Hook and Sling” within his song “Run This Town” which was produced by Kanye West.
How does this affect you?:
If you are an artist, whether it is music, art, television, etc., it is imperative to protect your work on a national level by filing copyright application for what you created. Additionally, if you are creating work, that is or may be a derivative of a previous work or includes a sample of a work owned by another party, permission is required by way of a license or purchase, and royalties and fees must be paid in order to avoid a lawsuit.
I am certain this matter will be rectified before proceeding to trial.
Rashida Maples, Esq. is Founder and Managing Partner of J. Maples & Associates (www.jmaplesandassociates.com). She has practiced Entertainment, Real Estate and Small Business Law for 9 years, handling both transactional and litigation matters. Her clients include R&B Artists Bilal and Olivia, NFL Superstar Ray Lewis, Fashion Powerhouse Harlem’s Fashion Row and Hirschfeld Properties, LLC.
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Celebs Tweet Their Thoughts About #JusticeForSandraBland
1. Jesse Williams
#SandraBland's treatment while attempting to travel freely on HER public roadways has been acknowledged as unlawful. She is already dead.
2. Taraji P. Henson
"SAY HER NAME #SandraBland"
3. Ava DuVernay
"'Why are you arresting me?' Because you know your rights. Because I can. Because no one'll believe you. #SandraBland"
4. Kim Kardashian
#WhatHappenedToSandraBland We need answers!!!! This is NOT ok! This is all shady! They need to own up to this & tell the truth!
5. Jussie Smollet
"A loss 4 words. #SandraBlandMatters #BlackLivesMatter 👈🏿tell me this should change once the nation shows that we do. "
6. Snoop Dogg
🙏🌹. Sandra. Rip. 🌹🌹
7. K. Michelle
R.I.P to this queen. This could've been any of us. My prayers go out to her family. #sandrabland https://instagram.com/p/5fvlO_AhCf/
8. Gabrielle Union
SAY HER NAME!!! #SandraBland #SandraBland #SandraBland #SayHerName
"We must get to the cause of #sandrabland death because this CANNOT happen again #deathorfreedom"
10. David Banner
"When will we fight back. A man's duty on earth is to protect women and children. Where are the gangsters? Preachers? We need you. Please."
11. Nicki Minaj
"Rest In Peace #SandraBland"
12. Talib Kweli
"We the people ask @LorettaLynch to investigate #SandraBland #KimberleeRandleKing RETWEET "
Signs. Signs. Signs all around us. The Message is Here. #SandraBland
14. Missy Elliot
"When I look at the #SandraBland traffic video it brings so many emotions😳😢😡😡😤!"
15. Jessie J
"God bless your soul Sandra | #sandrabland | Change needs to come |Justice needs to be served | Heart… https://instagram.com/p/5fV79mQ0aw/ "
16. Jackee Harry
"It's time y'all, it's time.." #SandraBland #BlackLivesMatter
"In memory of #SandraBland these things don't make no kinda sense "
18. Holly Robinson Peete
I really don't look forward to having ANOTHER difficult conversation w my kids tonight...but here we go again😧💔 #SandraBland #SayHerName 😢
19. Jeffrey White
Sadly, doesn't matter by whose hand she died. Unjustified arrested set the outcome in motion. The state murdered her. #JusticeForSandraBland
Sandra could have been your mother, sister, aunt, friend or if she wasn't killed the community outreach advisor A&M. #SandraBland
21. Joan Smalls
"My heart is broken. Sending my deepest condolence to her family and friends. May you find Strength, Peace and Justice. When will this stop? #EqualityForAll #RIP #Why #SayHerName
22. Gladys Knight
Sandra Bland.... #SayHerName #SandraBland
23. Cara Delevigne
Things need to change NOW #SANDRABLAND #Justice #Equality
24. Meek Mill
"Rip to that young lady that lost her life about a traffic stop! 🙏 ima make sure I pray for her and her family! 🙏😄😄😄"