copyright-infringement

Childish Gambino Receives Second Lawsuit As Kidd Wes Continues To Fight Over “This Is America”

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Nearly three years ago, Childish Gambino was sent a copyright infringement lawsuit from fellow rapper Kidd Wes. The latter felt that “This Is America” was “unmistakably substantially similar, if not practically identical” according to those past legal documents. However, almost two years later, on March 24, 2023, Judge Victor Marrero of a New York federal court dismissed the lawsuit. It was ultimately decided that there were not enough similarities between the Gambino’s version and Kidd Wes’ “Made In America,” which was released a year prior in comparison. Now, according to AllHipHop, Wes is still searching for justice, as he recently filed a second lawsuit against Gambino.

Pulling information from Courthouse News, they discovered that this was put in motion on Monday, April 15. To get more technical about this, Judge Marrero originally shut this down because Kidd Wes failed to copyright the underlying musical composition of “Made In America.” Because of that, Kidd Wes would have lost with proper copyright registration all together. Of course, there was massive pushback from his attorney Gregory William Keenan.

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Does Kidd Wes Have An Argument Against Childish Gambino?

He saw this is as an “administrative mistake.” Keenan stated, “An applicant for a copyright registration, especially one who’s not a lawyer, might check the wrong box on the registration documents as a result of some legal oversight.” Jonathan Davis, Gambino’s lawyer argued that this [was] not a mere error.” Wes and his team are currently awaiting the results of their second attempt, so be sure to check back with us when we find out more.

What are your thoughts on Childish Gambino being sued again? Do you think this lawsuit will have a different result, why or why not? Listening to the songs back-to-back, do you spot any glaring similarities? Is this song still in your rotation? We would like to hear what you have to say, so be sure to leave your takes in the comments section. Additionally, always keep it locked in with HNHH for all of the latest news surrounding Childish Gambino. Finally, stay with us for everything else going on around the music world.

Read More: Nelly Performs For Near-Empty Stadium, But Some Fans Claim It Wasn’t An Actual Concert

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The post Childish Gambino Receives Second Lawsuit As Kidd Wes Continues To Fight Over “This Is America” appeared first on HotNewHipHop.

50 Cent & Fat Joe Sued By Producer For Copyright

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With the Ed Sheeran copyright infringement lawsuit now underway, it’s quite the dark and dangerous time for musical creativity. Now, another lawsuit in that vein hit the rap world, this time holding 50 Cent and Fat Joe as the culprits. Moreover, Maryland-based producer David W. Smith claimed that the 2000s hits “Candy Shop” and “Lean Back” ripped off his work. Furthermore, he pointed to a collaboration with rapper Moe Wet titled “WHACHACOM4?,” released in 2003, in his lawsuit filed last Thursday (April 27). According to Music Business Worldwide, the copyright infringement lawsuit compares the three tracks’ musical notations and waveforms to make its case.

Of course, both accused songs were among the biggest rap singles of that decade, with both topping the Billboard Hot 100. “Lean Back” by Fat Joe and Terror Squad achieved gold status, whereas “Candy Shop” by 50 Cent is certified five times platinum. In addition to those two MCs, the suit named fellow Terror Squad rapper Remy Ma and producer Scott Storch, who worked on both tracks, as defendants. Also, the complaint alleges that these actors “made millions of dollars from their exploitation.”

50 Cent & Fat Joe Allegedly Stole From This Song

What’s more is that Storch and Smith allegedly had similar connections to record pools in New York City that would’ve allowed for overlap. Specifically, the suit named Spinners Unlimited Record Pool (S.U.R.E.), Top Upward Sizzlers (Prime Movers), and New & Hot S.U.R.E. Shots. Another claim Smith brought forward is that he and Storch both “received weekly communications as to the performance of releases on their respective labels.” The suit also clarifies that they secured copyright for “WHACHACOM4?” on April 22, 2022, yet it doesn’t explain why it took so long for them to do so. Smith sought royalties from each track, as well as damages and legal fees in the lawsuit.

Meanwhile, Fat Joe and 50 Cent were actually rivals when these accused tracks came out, engaging in a public spat at the 2005 Video Music Awards. In fact, that feud resulted in the Terror Squad boss losing a $20 million endorsement deal with Air Jordan. Regardless, now they have a front to unite against, and it will be interesting to see if this sets a precedent for future cases. For the latest updates on Fat Joe and 50 Cent, stick around on HNHH.

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Yung Gravy Sued By Rick Astley Over “Never Gonna Give You Up”

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Rick Astley is suing Yung Gravy for sampling his voice on “Never Gonna Give You Up” on “Betty (Get Money).” While the song brought Astley’s hit to a new generation, it seems they didn’t work out the rights issues. Of course, it’s not like Astley’s original hit was unheard of, as people still troll each other online with it.

LOS ANGELES, CALIFORNIA – JANUARY 18: Yung Gravy performs onstage as Pizza Hut and Airrack break the GUINNESS WORLD RECORDS™ title for World’s Largest Pizza to launch the Big New Yorker on January 18, 2023 in Los Angeles, California. (Photo by Charley Gallay/Getty Images for Pizza Hut)

According to a TMZ report, the English artist filed suit on Thursday (January 26). Moreover, he claimed that Gravy wrongfully featured and an impersonation of his performance on 1987’s “Never Gonna Give You Up.” Also, the lawsuit involves Yung Gravy, his producers (including Dillon Francis), and the impersonator Nick Seely, also known as Popnick.

Furthermore, Astley stated that these collaborators “conspired to include a deliberate and nearly indistinguishable imitation of Mr. Astley’s voice throughout the song.” In addition, he said that he never gave any of them permission to impersonate his voice. However, this lawsuit carried more curious repercussions. Astley also said that Gravy ruined any chance of him collaborating with other artists in the future. Sad to say it, but looks like Rick Astley isn’t hopping on a remix anytime soon.

However, the “C’est La Vie” artist did license the instrumental to “Never Gonna Give You Up,” just not the vocal performance. While this saved him from larger problems, it seems he knew of what he was getting into. Moreover, the lawsuit references several occasions where Gravy acknowledged the complicated legal situation he was getting into with the song. For example, in an interview with Billboard, he said he “basically remade” Rick’s voice, “because it makes it easier legally.”

If you live under a rock (or off the Internet), “Never Gonna Give You Up” is Rick Astley’s biggest hit. It also reached No. 1 on the charts, and is most well-known today as an Internet joke that you can read more about here. Meanwhile, “Betty (Get Money)” marked Yung Gravy’s most successful song so far. Overall, it’s a clash of the titans, and Astley is suing for millions of dollars.

Still, what do you think of Rick Astley suing Yung Gravy for copyright infringement regarding their two biggest songs? Whatever the case, let us know in the comments down below. Also, as always, come back to HNHH for the latest in music law, copyright, and cheeky samples.

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Black Eyed Peas Sue Toymaker for Unauthorized Use of Turning “My Humps” into “My Poops”

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Black Eyed Peas Sue Toymaker for Unauthorized Use of Turning 22My Humps22 into 22My Poops22

There has been a lot of discussion in the media recently regarding the unauthorized use of another’s art. From accusations that the Lensa app used artists’ works without permission to Congresswoman Marjorie Taylor Greene using Dr. Dre‘s music in a political video, patent and copyright law is shaping up to be a major issue in 2023. Now, the Black Eyed Peas have entered the fight with a lawsuit against toymaker MGA Entertainment, the makers of the Poopsie Slime Surprise toy, used the group’s 2006 hit “My Humps” without permission.

The lawsuit was filed by the group’s label, BMG, in the U.S. District Court in Manhattan. Amongst other things, it alleges that MGA Entertainment displayed “willful copyright infringement” and “exploited, without authorization” the group’s art as part of its promotional campaign for its “Poopsie Slime Surprise” product line, which featured “a unicorn doll that excretes sparkling slime.” BMG is seeking $10 million in damages, as well as requiring that MGA destroy all copies of “My Poops.”

A YouTube video shows animated unicorns dancing to digitally-altered lyrics where they showcase the toy’s “pooping” features.

Legal experts state that MGA’s primary defense will be that the song was used as a parody, since using art for the purpose of parody is protected by free speech law. However, there are legal limits when it comes to whether or not MGA exploited the song to make a profit.

“My Humps” was a major hit for the group in 2006 and continues to remain popular today, accruing over 700 million views on YouTube. The video also won Best Hip Hop Video at the 2006 MTV Video Music Awards. The original video is shown below.

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