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Last week, producer Timbaland was cleared of wrongdoing in a copyright infringement lawsuit for sampling a Bollywood song, which was used in rapper Game's single 'Put You on the Game.'
The Eleventh Circuit Court of Appeals upheld the ruling set by a lower court, taking Timbo off the legal chopping block. A review of an Indian copyright statute of 1957, and other copyright documents, brought into question whether or not the plaintiff, Saregama India Ltd., owned the copyright to the song in question, 'Baghor Mein Bahar Hai,' from the 1969 Bollywood film 'Aradhana.'
"Pre-recorded song covered by the Agreement -- a right that became non-exclusive, and thus ceased being a copyright, at the conclusion of the Agreement's two-year term," Judge Jane A. Restani wrote in the precedential documents. "Thus even if BMBH were covered by the agreement (a question we need not decide), Saregama would not currently own a copyright in the BMBH sound recording and thus lacks statutory standing to bring this copyright infringement action. We, therefore, affirm the district court's order granting summary judgment for the Defendants."
According to the Hollywood Reporter, songs in old Bollywood films can belong to as many three separate owners: the first owner, who holds exclusive rights "to make any other sound recording embodying [the original sound recording]," the second owner who can "sell or give on hire, or offer for sale or hire, any copy of the sound recording," and the third owner who has the right "to communicate the sound recording to the public."
Therefore, even though Timbaland did loop three notes from the song in question, Saregama did not have the authority to file the suit.
Game released 'Put You on the Game,' in 2005, as the fourth single off his multi-platinum selling debut, 'The Documentary.'
Might this be the beginning of Timbo using sample from Bollywood movies again?
anyways...congrats Tim!
props to edwin from the Danja blog for the heads-up
9 Comment(s):
congrats?? you must be kiddin!! I hope one day someone steals your property and gets away with it. then I wanna see your face!
Chill Big-A, have you even heard that Bollywood song? http://www.youtube.com/watch?v=78JhA_TJvBI
Don't go on making conclusions saying it was stealing.. the sample is quite small and only used in the background during the chorus of Put you on the Game. The instrumental isn't based on that Bollywood song at all...
Exactly. Sop being an idiot Big-A. trod along
you 2 douches better respect Big-A... he's one of the originals in the game. and consider this... how hard would it have been for tim to get some chick to record that na-na-na-na ?? I guess he didn't want to shell out a 100 bux and chose to rip that wav.
Use someone else to imitate the sound? What's the point? How does that prevent the lawsuit?
-"He use something from our song"
-"No I didn't, I had someone replicate the exact same thing" Either way the lawsuit would be dropped because the Tim song doesn't revolve around that sound, but this scenario is kind of more insulting to the original singer.
And out of all the thousands and thousands of songs that sample, THIS is the one considered to have crossed the line? This tiny sample?
And I'm not disrespecting Big-A, I don't know who he is, but that shouldn't prevent me from saying that I believe he's wrong and exaggerating what he's saying here. I don't see what gives you the right to call me a douche for doing so. I'm not the one calling the dude an idiot, and I wouldn't do it either..
It's not something he did on his own... no matter how small it is. just like the do it song. he gave some bullship reason for using it ( u shud listen to the interview ). he didn't pay to get the samples released, so at the end of the day... it's STEALING
Do it has different implications because of the major similarities of the two songs. In this case however, the music and song progression is indeed something Tim & Danja & The Game made themselves but they added a sample in the chorus only. Sooooo samples aren't payed for, but they are credited and I think this is what Tim should be sure to include: credits. And looking at Scream and SV2, it seems the label has made the effort to include them where needed (from what I can tell). So if you were to file a legitimate lawsuit for stealing or unlawful use of music, use songs like Do It, but not put you on the game.
I mean to say: so many samples aren't payed for, not that they're all never payed for. Heavy samplers like Kanye most probably get permission for the large chunks borrowed
So in other words Tim stole someones property and got off on a technicality... congrats? I don't think so.
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