Mad Decent Records Sued For Samples Used In The Harlem Shake
Rapper Jayson Musson from the 2001-2009 group Plastic Little, and ex-reggaeton artist Hector Delgado are “seeking compensation” from Mad Decent Records for the samples used in “The Harlem Shake,” produced by DJ Harry “Baauer” Rodrigues.
Released in May 2012 on a sub label of Mad Decent Records. The track conquered the Internet in the viral Harlem Shake dance videos, gained national air-time on the radio, and ranked on Billboard’s Hot 100.
Sampling Is Popular Practice In Dance Music: Why Now?
Samples and remixes are standard practice in dance music. Benny Benassi’s remix of the Red Hot Chili Pepper’s “Otherside,” produced nearly five years ago, is a fan favorite and is still heard at performances. Lesser known DJ’s like Chris Moody and Riz remixed disco legend Boney M’s track “Daddy Cool,” which was popular in the underground circuit. But no lawsuits were ever filed.
Although, an audio engineering school in California blog notes the legalities of copyright law, that whether a sample is three seconds or three minutes, a person does not have permission to use it unless they were given the okay legally from the person or entity who owns the rights.
Big record labels like Universal, Capitol and Sony have the funds to employ in-house lawyers, whose jobs are to make sure all music produced abides by copyright law. Smaller labels, like Mad Decent Records, might not have this luxury and leave it up to their producers and DJs to make sure their music doesn’t step into any grey legal area.
It’s safe to assume that The Harlem Shake is not the only song produced by an interdependent label that was sampled without permission. This might be because the practice is an industry standard, and some songs and artists are relatively unknown, or on the other hand might be used everywhere. This raises a concern: Is the only reason this particular song is getting attention because of its massive success?
“Miller Time” and “Maldades”: Two Tracks You’ve Probably Never Heard Of
Baauer reportedly told The Daily Beast that he found the samples on the Internet and was not aware of their origins.
The samples used in the Harlem Shake are from Plastic Little’s “Miller Time” and Delgado’s single “Maldades.”
The sample from “Maldades” was used in 2010 on the track “Con Alegria” by two relatively unknown Philadelphia DJs. Although, Delgado did not pursue legal action until now.
The second sample from the 2001 track “Miller Time” uses the vocals “do the Harlem Shake.” Munsson’s response to the discovery was much different from Delgado’s; reportedly, Musson thanked Baauer for making something of the unknown song.
The Verdict?
Founders Thomas “Diplo” Pentz and Javier Gómez have been in communication with Delgado, management and lawyers from Machete Music, which is a label owned by Universal Music Group that originally released the track.
No dollar amounts or verdicts have been reported since the initial report, although its reported that Pentz was not aware that the vocals were Delgado’s on the track.
The lawsuit brings to light the issue of as electronic music continues to gain popularity in mainstream music, if lawsuits regarding sampling and copyright issues will become a common problem.
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