Posted on 09/24/2006 2:57:57 PM PDT by Mr. Blonde
Members of '80s one-hit wonders claim hip-hop trio didn't have permission to sample "My Sharona" in "It's Tricky," and that they hadn't heard the classic 1987 hip-hop track until last year.
The Knack has beef with Run DMC, but it's taken them 20 years to realize it.
Two members of the '80s one-hit wonders have filed a lawsuit against Run DMC and its producers, publishers, distributors, record labels, and those that sell its records, claiming the Queens trio infringed on its copyright.
The complaint, filed in US District Court in Los Angeles Friday, claims the rap group never obtained permission to use the signature guitar lick from the Knack's 1979 hit "My Sharona" in their 1986 song "It's Tricky." The suit claims that band members Doug Fieger and Berton Averre never heard "It's Tricky" until 2005, nearly 20 years after it was recorded.
"That sound is not only the essence of 'My Sharona,' it is one of the most recognizable sounds in rock 'n' roll," Knack frontman Doug Fieger said.
In addition to Run DMC members Joseph ("Run") Simmons, Darryl ("DMC") McDaniel, and the estate of Jason ("Jam Master Jay") Mizell, who was shot and killed in 2004, the claim names several other parties as defendants: the song's producer Rick Rubin and his production companies, Arista Records and the group's publishing outfits. It also names Amazon.com, Apple's iTunes store, Napster, Yahoo, and others for having sold copies of the song over the Internet.
The document asserts that, because of Run DMC's sampling of "My Sharona," Fieger and Averre have "suffered actual damages, including lost profits, lost opportunities, loss of goodwill, lost publicity, attorneys' fees and interest."
The lawsuit seeks unspecified damages, but claims that each of the defendants owes the plaintiffs $150,000 for every copy of "It's Tricky" that has been sold, including those on the 1986 album Raising Hell and subsequent Run DMC greatest hits collections that have included it.
"Our clients created a unique and distinctive musical composition in "My Sharona," Dick Schultz, attorney for Fieger and Averre, said in a statement. "Others shouldn't be allowed to profit from the unauthorized use of that creation. That is what copyright laws are for, and we are protecting our clients' rights in their creation."
Doug Figer is Geoffry Figer's brother. Guess brother jeff doesn't get involved in petty cases.
might be OK to use a sample if it's only for a second or so;
not sure. Some bits of songs may be OK if it falls under
"Fair Use"--parody, commentary, etc.
have heard use of some song bits in other songs--Primitive
Radio Gods (I think that's the name of the band) did "Standing Outside a Broken Phone Booth With Money in My Hand" and you could clearly hear a sample of BB King's "How Blue Can You Get"
as for It's Tricky, heck, I was playing that on college
radio when it came out in late 80s...and I recognized
the sample. Long long time since it came out!
hope they have bodyguards.
RAP-ISM!
It is kind of fun to listen to early rap and try to hear where the samples come from. The Beastie Boys made a living off rapping over Zeppelin riffs.
No kidding. Unless you were sleeping throught the 80s who hasn't It's Tricky--it's an awesome jam. I love Run DMC; "Raising Hell" was one of the best albums from the mid-80s.
It doesn't say him specifically, but I'm sure they are trying to get Rev. Run's brotehr Russell Simmons involved in the case. That is who was most likely involved and has the most money floating around.
That's BS. Rock and roll is a big mutual rip-off session. Every musician knows it.
Now directly sampling riffs, that's a different issue.
Anyone remember "Cookie Puss" by Beastie Boys? They scratched
a Steve Martin comedy bit where he says "My real name is
be-be-be-be-be-BE-be-be-be" etc.
"Zeppelin riffs"
And Jimmy Page who stole them from Jeff Beck and others.
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