50 Cent Sued Over Infringing Sample; When Will Hip-Hop's Stars Speak Up About Copyright?

from the now-would-be-a-good-time dept

The folks at dajaz1, who know better than anyone how copyright stifles culture and free speech, send in the news that Robert Poindexter of The Persuaders is suing 50 Cent for copyright infringement over a sample on a free album he released in 2009. This is likely to end in settlement, with a payout to Poindexter, because 50 Cent isn't offering any defense beyond the fact that the album was free. Unfortunately, this carries little to no legal weight. The courts have been unkind to sampled music over the years, as detailed in the excerpt we posted (part 1 and part 2) from this month's book club feature, Copyfraud. But, as dajaz1 explains quite clearly, sampling and remixing on free albums and mixtapes has always been an essential part of hip-hop, and is even embraced by labels:
This has been happening for many years on mixtapes and it’s quite common so 50′s attitude on this not shocking. Its the same attitude of every artist in urban music and it’s been like that from jump. In fact that’s why mixtapes are given away for free and not sold commercially. To put a bar code on a tape or sell it commercially violates many laws, but to give it away for free under the guise of “promotional use” has been the name of the game for decades and largely considered ok. This type of stuff is why these labels suddenly calling websites like us “rogue” for releasing them or trying to shut people down or put them in jail for making, releasing, or offering them for download has always been ridiculous. The attitude 50 is taking here is the same one every urban artist operates under and the promotional department of the major labels have been looking the other way on for years. Hell the major labels have been active participants. If you can’t clear the song you throw it out on a mixtape, or for free to radio mixshows and the blogs/internet as a freestyle/remix. Every major label artist that has made it in the rap genre has utilized these tactics so a loss in this case could be devastating not only to rap as a genre but the labels as well.

This is just another example of how copyright is totally out of sync with reality. This kind of activity is indispensable to culture, and it doesn't stop no matter what the law says—but it does get stifled, and driven underground, which is the opposite of what copyright is supposed to accomplish. As the chapter we posted from Copyfraud notes, several albums that are widely considered to be classics and important moments in music history (like Paul's Boutique or It Takes A Nation Of Millions To Hold Us Back) would be almost impossible to legally release today. Meanwhile, highly acclaimed mashups like The Grey Album are praised by the musicians whose work has been mashed, but are technically illegal and exist only as bootlegs by the grace (read: fear of bad publicity) of the record labels.

The big question is: can artists like 50 Cent do something about this? Hip-hop is one of the most popular and influential genres of music in the world, and its superstars command huge audiences. Most hip-hop fans don't realize that the genre is a legal minefield that exists because most artists cross their fingers and ignore the law entirely, while a rich few pay obscene royalties and settlement fees. Someone like 50 Cent is in the perfect position to raise more awareness of broken copyright law, and I hope that this attack on the lifeblood of hip-hop culture spurs him to do so.

Filed Under: 50 cent, book club, copyfraud, dajaz1, mixtape, sampling

Reader Comments

Subscribe: RSS

View by: Time | Thread

  1. identicon
    Mel, 23 Apr 2012 @ 9:04pm


    You don't get it. This is hip hop culture. Without this culture hip hop music would not have evolved and it wouldn't be the billion dollar a year industry the record labels and the AA's have been eating off of for years.

    Eminem did mixtapes and freestyles, 50 Cent did mixtapes and freestyles, Jay-Z has done mixtapes and freestyles, Drake has done mixtapes and freestyles, Nicki Minaj has done mixtapes and freestyles, Biggie has done mixtapes and freestyles, Tupac has done mixtapes and freestyles, Lil Wayne has done mixtapes and freestyles, even Dr. Dre has done mixtapes and freestyles. Each and every one of them has put out song after song after song on someone elses beat with uncleared samples at one point in time in their career. In hip hop this is normal, this is part of the culture, it's part of the genre. People like Cary Sherman and the piracy legal guys at the majors, and all these bought and paid for people in Congress do not get nor understand this. Eminem doesn't sue Drake for putting a verse on one of his beats, or for using a sample and throwing it out for free. Drake doesn't sue Eminem for doing the same thing on one his beats or samples. It's a unwritten agreement between artists and labels. It's been there forever. The line in the sand is you you can't sell it. You can't put a bar code on it. It cannot go on Itunes.

    This isn't about the guy in the old band from a different genre who also doesn't get the culture. Sure 50 will throw him a few dollars, the issue is 50 doesn't feel he needs to because that's how deeply this type of stuff is ingrained in the culture and the genre. A culture people like you are trying to destroy through legislation which will ultimately kill the genre and the cash cow that's been sustaining you for years.

Add Your Comment

Have a Techdirt Account? Sign in now. Want one? Register here

Subscribe to the Techdirt Daily newsletter

Comment Options:

  • Use markdown. Use plain text.
  • Remember name/email/url (set a cookie)

Follow Techdirt
Insider Shop - Show Your Support!

Report this ad  |  Hide Techdirt ads
Essential Reading
Techdirt Deals
Report this ad  |  Hide Techdirt ads
Techdirt Insider Chat
Report this ad  |  Hide Techdirt ads
Recent Stories
Report this ad  |  Hide Techdirt ads


Email This

This feature is only available to registered users. Register or sign in to use it.