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Rapper Sues ESPN, Amazon, And1 For Promoting His Song Like Crazy

from the how-dare-you... dept

Eric Goldman was kind enough to send over this somewhat odd lawsuit by the rapper Michael "Dutch" Jackson, filed against And1, ESPN, Amazon and others. The lawsuit is a little confusing and odd on many levels, but let's see if we can get through the basics. Jackson apparently wrote a hiphop song called "I Am The Greatest," which he claims he had not published or released. Somehow (and it does not appear to be explained how), shoe maker And1 got ahold of this unpublished unreleased song and (according to Jackson) put it on one of a series of mixtapes it was releasing as part of a marketing ploy to sell shoes. Apparently, even though the mixtapes were widely released for download and copying, Amazon also sold the mixtapes. ESPN's involvement is not at all clearly spelled out. Basically, it says that ESPN "associated itself" with And1's mixtapes, but does not say how:
As a result, the ESPN Defendants recognized that by associating their various products and services with the hip hop, rap and R7B musical genres and with And1 and the Marketing Plan, the ESPN Defendants would also receive increased good will and brand name recognition among the Urban Oriented Consumer demographic, would receive increased website traffic to their websites, and would enjoy increased marketing, sale and distribution of the various products and services sold by ESPN Defendants, including those involving the game of basketball, to such Consumers.

The ESPN Defendants thus intentionally set out to associate themselves with the Mixtapes distributed by And1 and the ripple effect copies, described above, that it also knew would be produced, distributed and shared by others, and to profit therefrom.
This seems like guilt by association, even though the details of that association are never actually made clear.

As for Amazon, anyone can set up a store and sell stuff. It doesn't automatically make Amazon guilty of infringement. There's no indication that any sort of DMCA notice was sent to Amazon concerning these mixtapes either.

More oddities: apparently Jackson wrote the song in November 2006, but did not release it. And1 is accused of including the song in a mixtape in 2008. Yet... Jackson didn't actually get around to getting a registered copyright on the song until May 10th of 2010. That, of course, would limit whatever damages he might be able to get (perhaps significantly). If it's true that And1 took and used the song without permission, then it sounds like he may have a decent case against that company... but the others seem like a big stretch.

Oh, and just to make the whole thing even more confusing. I just checked out YouTube, and it appears Dutch Jackson has his own YouTube channel... and on that YouTube channel, posted back on September 30th, 2009 is a video of the song -- complete with a ton of clips of Lebron James. You would have to imagine that Jackson does not have permission to make use of those clips. In fact, it didn't take long to notice that at least some of the clips in the video are from ESPN. So, it seems that Jackson was perfectly thrilled that he was getting all this attention and promotion for free in relation to the NBA. And while he was aware of that, he didn't go rush out to get that song registered at the copyright office. Also, if you're going to sue ESPN for infringement, you probably shouldn't put up a video that includes clips from ESPN.

If you step back and look at it, it appears that Jackson and this song got an amazing amount of free promotion from the use of his song in the mixtape. Even if it was "unauthorized," it seems like a massive amount of attention that Jackson could capitalize on to get more attention for himself -- something he appeared to realize himself with that video. In the lawsuit itself, Jackson's lawyers admit that the mixtape went viral. So why not just build off of that, rather than suing a bunch of companies who probably had no idea about the song?

Anyway, I've embedded the video below. I'm guessing it may disappear soon after I do, so I've also got a screenshot of the YouTube page below that, with the video stopped at a point showing an ESPN clip:




Reader Comments (rss)

(Flattened / Threaded)

  1.  
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    jsl4980 (profile), Feb 7th, 2011 @ 10:46am

    I believe ESPN plays this song from time to time on Sportscenter going into or out of commercials. I'm definitely not sure of that but the artist and song title sound familiar and I think I saw them on Sportscenter.

     

    reply to this | link to this | view in thread ]

  2.  
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    Mikecancook, Feb 7th, 2011 @ 11:14am

    Seems like Lebron should sue Jackson and ESPN for defamation as well. Unless of course, Lebron really does kill cats.

     

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  3.  
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    mike allen (profile), Feb 7th, 2011 @ 11:43am

    The guys a rap / hip hop artist nothing wrong with that but that genera is thwart with samples of other peoples songs. I would guess if you went through Jacksons catalogue you could find maybe 100 artists he borrowed from. pot calling kettle black maybe.

     

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  4.  
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    Anonymous Coward, Feb 7th, 2011 @ 11:45am

    He's a joke

    The song on youtube has less than 300 views. Someone put part of this story in the comments and this clown actually responded with this.

    "And at the end of the day they still used my shit without authorization....so pay up bitches!!!!lol"

    dutchjackson1 27 minutes ago

    And at the end of the day this guy has next to no talent, and should be kissing the ass of anyone who played his "music" in the first place.

     

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  5.  
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    Ben, Feb 7th, 2011 @ 12:00pm

    And now he's getting publicity from TechDirt. You fell for the whole purpose of filing the lawsuit to begin with :)

     

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  6.  
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    Anonymous Coward, Feb 7th, 2011 @ 12:21pm

    Wait let me get this straight (all things about shitty songs and personal hypocritical behaviour of the artist aside):
    * He makes a song
    * ESPN, Amazon, And1, etc somehow get a hold of the song a make a profit off it
    * The guy makes none of this money, but it's ok because he got 1 minute of fame.

    'Fame' isn't going to feed a family, and under no circumstances should it ever be right that other parties are taking 100%+ of all money made and giving not a penny of it back to the performer. I thought mike was against record companies screwing musicians, I didn't think he'd oppose a musician fighting back against this kind of treatment. What will he do with that fame? It will still take even more money to channel that into more production, websites, advertisement campaigns, product sales, etc.; money he may not have (hypothetically).

    I think mike just justified the abuse faced by 30 seconds to mars, because hell, they still got famous on the backs of the record company and it's time to pay their debt.

     

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  7.  
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    weneedhelp (profile), Feb 7th, 2011 @ 12:34pm

    Re: 'Fame' isn't going to feed a family,

    And neither is the "song" because it really sucks. It also shows the mentality of the gettin paid generation. Instead of using this to promote his other "music" and have a chance to appear as a descent human being/artist, he appears to be a whiny little biatch.

    "And at the end of the day they still used my shit without authorization....so pay up bitches!!!!lol"

    But sees not problem with using ESPN's shit to possibly make money.

    Hypocrite much?

     

    reply to this | link to this | view in thread ]

  8.  
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    weneedhelp (profile), Feb 7th, 2011 @ 12:35pm

    Re: He's a joke

    "Someone put part of this story"

    Not someone... I did. :)

     

    reply to this | link to this | view in thread ]

  9.  
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    MyEarsAreBleeding, Feb 7th, 2011 @ 1:06pm

    How bout payin' him to STOP making music?

     

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  10.  
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    Anonymous Coward, Feb 7th, 2011 @ 1:58pm

    And there the video goes.

     

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  11.  
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    Anonymous Coward, Feb 7th, 2011 @ 10:00pm

    Re: Re: He's a joke

    Obvious troll is obvious ;)

     

    reply to this | link to this | view in thread ]

  12.  
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    Anonymous Coward, Feb 7th, 2011 @ 10:01pm

    Re: Re: Re: He's a joke

    Sorry, wrong one.

     

    reply to this | link to this | view in thread ]

  13.  
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    Anonymous Coward, Feb 7th, 2011 @ 10:01pm

    Re:

    Obvious troll is obvious ;)

     

    reply to this | link to this | view in thread ]

  14.  
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    Dutch Jackson, Feb 7th, 2011 @ 10:49pm

    Here I am....

    hows it going fellas....got any questions for me...let it rip...and as far as weneedhelp...thanx for all the free pub!!!! weneedhelp we should go into business together dud!!!!

     

    reply to this | link to this | view in thread ]

  15.  
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    dutch jackson, Feb 7th, 2011 @ 10:52pm

    Re: go through my catalogue

    youtube.com/dutchjackson1

     

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  16.  
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    Dutch Jackson, Feb 7th, 2011 @ 10:55pm

    LOL!!

    its crazy how im the bad guy....and my song was stolen....are u guys serious???

     

    reply to this | link to this | view in thread ]

  17.  
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    mike allen (profile), Feb 8th, 2011 @ 1:00am

    il put a question to you dutch why did you take so long to register your song for copyright ill check back later for an answer.

     

    reply to this | link to this | view in thread ]


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