![]() In Johnson’s latest lawsuit, the musician is careful to dance around potential defects in a claim over the illegal sampling of “Different Strokes,” which was released in 1967. ![]() Johnson believed that a state law misappropriation claim should have been made instead of a federal copyright allegation. The Seventh Circuit Court of Appeals upheld the dismissal this past summer, leading Johnson to sue his own lawyers for malpractice for providing allegedly shoddy representation. Johnson’s lawsuit was eventually dismissed in 2008 a judge found that his claims failed because under the Copyright Act, sound recordings made before Februare not subject to copyright protection. Take the long-running $29 million lawsuit against Cypress Hill, accused of illegally sampling Johnson’s 1969 song, “Is It Because I’m Black,” on the group’s 1993 sophomore album, Black Sunday. We’re betting otherwise.”ĭespite the bravado, Johnson’s legal battles have not been without some stumbles and question marks. In August, when Watch the Throne was released, Johnson’s label, the Numero Uno Group, was quick to point to this legal success, writing on its blog, “Two decades and several lawsuits later, Syl Johnson is a veteran of copyright infringement cases, and has done very well for himself clearing samples from his fertile catalog…for use in numerous tracks…Island Def Jam seems to think that Syl doesn’t have any fight left in him. He’s also successfully gotten other artists, from Wu Tang Clan to Kid Rock, to pay up for use of samples. Over the years, many elder musical artists have become sensitive about illegal sampling from newer acts, and few musicians have been as litigious on this score as Johnson, who has brought to court, among others, Michael Jackson, Jefferson Airplane and Cypress Hill. After failure to clear a license for the sample on one album, West’s use of the sample on another album without permission is said to be an example of knowing and willful misappropriation. Johnson says that West originally wanted to use the sample for his own solo album entitled My Beautiful Dark Twisted Fantasy, but that the defendant was unable to obtain permission at the time of release. PHOTOS: Top 10 Highest Paid Music Artists In a complaint filed in Illinois federal court on Friday, Johnson claims the two famous hip hop artists plus UMG and Def Jam took a portion of his song, “Different Strokes,” used it on a song entitled “The Joy,” and released it in August without his permission and without giving him any credit or payment.
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