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The Knack Sue Run D.M.C.


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I know it was mentioned in the article, but I cannot imagine how there is not a statute of limitations defense available to the knack. Typically the only way to toll a statute of limitations is by some specific tolling statute or by showing that you weren't or should not have been (reasonable person standard) aware of the acts giving rise to the cause of action. That is hardly the case here...

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unfortunately, sample laws all totally ambiguous and all over the map. I just read the 33 1/3 book on the Beastie Boys 'Paul's Boutique' album, possibly one of the most sample heavy in the genre...sample clearance/litigation was covered a lot and I still don't get it.

 

there has to be a better way, however. i think most hip hop artists would be okay w/ paying a fair fee for use of said samples, but currently only (mostly lame) marque artists like Eminem and Puffy can afford to do so. getting a piece of the pie on a multi-platinum album by said artists is a lot different than suing an underground artist moving a couple of thousand units on Stones Throw or Def Jux.

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unfortunately, sample laws all totally ambiguous and all over the map. I just read the 33 1/3 book on the Beastie Boys 'Paul's Boutique' album, possibly one of the most sample heavy in the genre...sample clearance/litigation was covered a lot and I still don't get it.

 

there has to be a better way, however. i think most hip hop artists would be okay w/ paying a fair fee for use of said samples, but currently only (mostly lame) marque artists like Eminem and Puffy can afford to do so. getting a piece of the pie on a multi-platinum album by said artists is a lot different than suing an underground artist moving a couple of thousand units on Stones Throw or Def Jux.

Yeah sampling is tricky (no pun intended), but I think a fair fee would work out well. There's a clear difference between sampling and ripping off a riff. Nobody sues John Williams over quoting classical composers in his film scores, and sampling really is more along those lines than simply appropriating someone else's music to make money for yourself.

 

Really, if someone asked me to use something I wrote/created as a sample in a piece I would be flattered, not worried about loss of revenue. Now completely ripping off a song is another thing (aka, Vanilla Ice and the whole Under Pressure thing)--but with an artists permission and a fee I think all those worries could be allieviated.

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aka, Vanilla Ice and the whole Under Pressure thing

I wish YouTube had footage of Le'Iceman on MTV defending his "Ice, Ice Baby" on the grounds that it was not actually "Under Pressure" that he sampled. He said something like "Under Pressure goes DUN DUN DUN DA-NA-DUN DUN where mine goes "DUN DUN DUN DUN DA-NA-DUN DUN!"

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I wish YouTube had footage of Le'Iceman defending his "Ice, Ice Baby" on the grounds that it was not actually "Under Pressure" that he sampled. He said something like "Under Pressure goes DUN DUN DUN DA-NA-DUN DUN where mine goes 'DUN DUN DUN DUN DA-NA-DUN DUN!"

Yeah, I remember seeing that, hilarious. I think his differences was "Under Pressure" is dun dun dun dun da-na-dun dun and his was dun dun dun dun da-na dun chick :lol

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I wish YouTube had footage of Le'Iceman on MTV defending his "Ice, Ice Baby" on the grounds that it was not actually "Under Pressure" that he sampled. He said something like "Under Pressure goes DUN DUN DUN DA-NA-DUN DUN where mine goes "DUN DUN DUN DUN DA-NA-DUN DUN!"

 

I couldn't find it either, but this came up...

 

Main Source - Fakin' the Funk

 

and Ed Lover disses both Vanilla and Gerardo. So, yeah, punks jump up to get the beatdown. Jammy.

 

plus...

 

this just owns.

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and, then, bringing it back around:

 

Run DMC Feat. Pete Rock & C.L. Smooth - Down With The King

 

Packed w/ that signature Pete Rock style and hip hop vid cameo goodness.

That's fine track, right there. And suitable for Sunday School!

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I wish YouTube had footage of Le'Iceman on MTV defending his "Ice, Ice Baby" on the grounds that it was not actually "Under Pressure" that he sampled. He said something like "Under Pressure goes DUN DUN DUN DA-NA-DUN DUN where mine goes "DUN DUN DUN DUN DA-NA-DUN DUN!"

 

you know the best thing is that is still how he defends it. hilarious.

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i was under the impression that that's actually how he got away without clearing the sample, legally... which, of course, doesnt excuse it artistically

 

i'm pretty sure he got away with it legally 'cause he started playing his 'metal' rendition of "ice ice baby" and the judge couldn't take it anymore.

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He didn't get away with it. They settled out of court and Bowie and Queen are now listed as co-songwriters. Sure, he deserves death, but justice is funny like that.

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He didn't get away with it. They settled out of court and Bowie and Queen are now listed as co-songwriters. Sure, he deserves death, but justice is funny like that.

 

he would have if had done the metal version in front of everybody. they'd have felt really sorry for him.

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