Summertime

It's Summertime and the news reflects it (read the 1st § LOL):

Wed Jul 07, 2010 @ 10:13AM PST

Snoop-dogg <http://reporter.blogs.com/.a/6a00d83451d69069e20133f21ee7e8970b-pi>
*By Eriq Gardner*

EXCLUSIVE: It's been more than 30 years since the birth of hip-hop,
and in that time, one axiom holds true: If the ride is more fly, then
you must buy.

We're quoting Snoop Dogg, who allegedly didn't buy.

So says Michael Henderson, one of the most influential jazz musicians
of the past 40 years. Henderson played bass guitar and sang and, along
with bandmate Miles Davis, he put a funky groove in a genre of music
called fusion jazz.

Now, according to a lawsuit filed yesterday in Michigan, Snoop Dogg
took a sample from Henderson's "Do It All" album and incorporated it
into his own works without permission. Snoop Dogg isn't alone. In a
separate lawsuit, Henderson also targets rappers Nick Carter (aka
"Murs") and Patrick Douthit (aka "9th Wonder") for doing the same.

These rappers are now embroiled in a debate as old as hip-hop: Is
sampling legal?

For the most part it is. In the late 1980s and early '90s, though,
some courts started frowning on excessive sampling. In cases such as
/Grand Upright v. Warner
<http://cip.law.ucla.edu/cases/case_grandwarner.html>/, judges began
to see flagrant uses of sampling as copyright infringement.

Some legal experts argue that sampling might be a "fair use"
<http://www.artistshousemusic.org/videos/sampling+and+copyright>
depending on how much is used and for what purpose. They believe that
courts should recognize a "de minimis" standard for insignificant use
of a copyrighted work.

However, some judges haven't abided by that standard. Of particular
note, a three-judge panel at the 6th Circuit Court of Appeals reversed
a lower court decision in 2005 in /Bridgeport v. Dimension Films
<http://fsnews.findlaw.com/cases/6th/04a0297p.html>,/ saying that
musicians should pay for samples --- even unrecognizable snippets.

It's probably not a coincidence now Henderson is now targeting a pair
of prominent musicians in that same jurisdiction. He claims the
defendants had actual knowledge that they didn't have permission but
decided to take full credit for the work.

Henderson is targeting the Snoop track "Flashbacks," as well as a song
Snoop created with the group Warzone entitled "Hands on the Wheel,"
which is posted below. He's also claiming an infringing use in "3:16
pt. 2" by Murs and 9th Wonder.

Henderson is claiming statutory damages for the alleged infringement
as well as any profits made from the songs. He's asking the court to
enjoin the defendants from manufacturing, distributing and selling the
works further. Here's the complaint
<http://reporter.blogs.com/files/mied-09704306479.pdf>.