Lord Finesse's Lawyers Now Using Copyright To Stifle Dan Bull's Criticism Of His Lawsuit Against Mac Miller
from the copyright-as-censorship dept
Yesterday we wrote about rapper Lord Finesse suing fellow rapper Mac Miller because Miller released a free song that used the same beat that Finesse used (which was itself based on a sample from jazz musician Oscar Peterson). Miller, of course, has become a phenom, being the first indie artist to top the charts with a new release in over a decade. The song in question, Kool Aid & Frozen Pizza, wasn't on Miller's album, but was just released for free online, and uses the same beat from Finesse's 90's era hit Hip 2 Da Game. And now Finesse is suing for $10 million.In our post on the subject, we pointed to a song that Dan Bull put together, using the same beat, but as commentary/parody of this legal fight. The song highlights how hip-hop has a long history of building on the works of others, and does a nice job laying out the history with Oscar Peterson's sample being used first. And... this morning Dan Bull logged into his YouTube account to discover that Finesse's lawyers had issued a takedown on his song.
Furthermore, it seems like there's as pretty strong argument for fair use (or fair dealing in the UK) for Dan's video. It's clearly using the music to comment on the lawsuit and the fact that it involves this beat. It's difficult to discuss the nature of the beat without actually being able to use the beat, as Dan did. In many ways this seems like a classic case of what fair use/fair dealing was designed for. The beat is integral to the criticism and commentary that is the whole point of the song, and is used out of necessity.
Of course, even more amusing is that the entire point of Bull's song was to tell Finesse just how bad legal action like his lawsuit against Miller really looks -- and instead of getting the message, it appears that Finesse and his lawyers want to look even worse, using the same sort of "copyright as censorship" effort that made Bull call them out in the first place.
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Filed Under: criticism, dan bull, fair dealing, fair use, hip-hop, lord finesse, mac miller, parody
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Wow
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Sugarhill Gang has been bank-rolling Chic since forever and several other rappers have been hit by the copyright hammer. I am, however, surprised to see a rapper sue 2 other rappers. I would say Finesse is completely out of street-cred after this, yo!
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Re: Wow
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nothing will every make you happy will it?
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Wrong!
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This thread
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The 'American dream' is fast devolving into an Orwellian corporate-facist nightmare.
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Re: Stop-and-Frisk
I read back your comment out-loud, in "rap-style" with an English accent, and I sounded just like Dan Bull!
Thanks Man!
COMBB
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Re:
Either way, how long do you all think it will be till Bull does another parody video mocking the takedown of his original video mocking this whole thing? What kind of clueless smeghead calls himself Lord Finesse? Ego much?
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Now, he may want to try to claim fair use, but clearly this isn't parody, but rather rapping an opinion, which is not the same thing. So his fair use claims would be, well, hard to sustain (and harder still to sustain if he is in the UK, which doesn't appear to have specific fair use clauses).
So in the end, yes, copyright is used to shut down and dissenting opinion, but it is ALSO used to shut down a copyright violating song. Perhaps Dan would re-do the song with his own beat and put it back up. No, wait, that would require effort, nevermind.
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And of course you would have no problem with this. But hey, you're the one who supports CEOs who demanded SOPA to shut down parody and criticism; of course you would gleefully support the above clause.
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If his opinion was really valuable (and not just an attempt to get attention) Mr Bull would have taken the time to make his own music rather than using someone else's.
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So you're saying this CEO partook the FUD-breakfast, too? Because that's exactly what he believed SOPA would do for him.
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Re: Fair Use
But he didn't steal it. He changed it to a different end. Fair use is not just parody, it also consists of altering a work to repurpose it. This is exactly what Mac Miller did. It's clearly fair use.
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And the fact that you still see copyright violation as the Terrible Crime here, completely missing the point of Dan deliberately putting his lyrics over that beat, shows how much your opinion is really worth.
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So the music is suddenly gone, because he "stole" it? And what about Lord Finesse "stealing" from Oscar Peterson?
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You should probably go look at Dan Bull's extensive catalogue of work (and then provide us with a link to your presumably much larger catalogue of even more original work) before saying stupid shit like that
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Well, he didn't steal it, so I guess he didn't violate the copyright.
Now, he may want to try to claim fair use, but clearly this isn't parody, but rather rapping an opinion, which is not the same thing.
Fair use is not just for parody. Fair use is actually more for opinion that is commentary/criticism.
So his fair use claims would be, well, hard to sustain
Considering you seem to think that fair use only applies to parody, well, that suggests that you're wrong.
(and harder still to sustain if he is in the UK, which doesn't appear to have specific fair use clauses).
You might want to look up fair dealing in the UK, which explicitly protects commentary/reviews.
So in the end, yes, copyright is used to shut down and dissenting opinion, but it is ALSO used to shut down a copyright violating song.
Except that it's probably not in violation, as we explained, but which you missed since you appear to not understand the law. At all.
Perhaps Dan would re-do the song with his own beat and put it back up. No, wait, that would require effort, nevermind.
If you think Dan didn't put effort into this work, then you also must think that Lord Finesse didn't put effort into his work, since it was built off of the Peterson sample. Is that the case?
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There is a huge gap of difference.
Weird Al is parody. Mike Masnick is opinion. Reading one of Mike's diatribes over a copyright song wouldn't suddenly turn it into a parody. It might be funny, but it's not a parody.
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Video on vimeo
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Re: Re: Re: Wow
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To the Same Beat
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So anyway you wish to look at it, this is indeed an abuse of the system.
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Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569, 575-93 (1994) (all brackets in original).
The point Dan Bull is trying to make is that it is ridiculous and hypocritical for Lord Finesse to sue someone for using his beats in a free song when (1) it's a widely accepted norm within the rap industry to reuse others' beats without credit or payment and (2) Lord Finesse has done exactly what he's suing Mac Miller for. Using Lord Finesse's beat to do it is essential to making the point.
As for any argument that Dan Bull's work will destroy the market for the original, well... even if it's true, too bad. That's what happens when you piss off your potential customers in a free market.
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Why exactly is Mike or anyone supposed to bother replying to you?
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Miller etc beats / copyright duspute
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When they start making sense rather than sounding like clueless, pointless drivel? Good luck with that.
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We get between 500 and 1,000 comments per day. I do not have the time to read them all. When I get a chance I will skim some, and if I see something worth responding to I will. I probably end up seeing about 50% of the comments on the site, and I respond to much fewer. I'm sorry if I don't respond to every time you have a question, but there are other reasons not to respond to you (see below).
I have a file saved with about 100 questions I've asked you (many more than once), and you refuse to answer.
That seems a little obsessive, don't you think?
But, more honestly, the last few "questions" I've seen from you is "why are you such a piece of shit?" and "why don't you fuck off and die?"
As far as I can tell, the *ONLY* thing you've done in our comments is throw temper tantrums in which you curse, call me names, and seek to insult me.
And you think I should now "debate" you? Sorry, skippy. I debate people who show themselves worthy of debate by acting like they're older than 12. That's not you.
I am sure that you will now claim that I refuse to debate you. That, of course, is ridiculous. As anyone who reads this site can see, I happily debate with lots of people, both in person and in these comments. Just recently I sat down for a 1 hour debate with Jonathan Taplin who I believe is on your side on these things. In the past I've debated with the likes of Steve Tepp. I have no problem debating someone who acts like an adult. But considering your regular decision to act like a child, there is nothing to "debate." When you act like an adult, perhaps someone will treat you like one. Until then, don't expect us to respond to silly baiting and ad hominem attacks.
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Re: Re: Re: Re: Re:
What you think is your opinion, I think could be parody, and who are you to judge my opinion (or parody) of your parody (or opinion)?
See, you're just like all the other close-minded asshats who are trying to make a point - you have little more than opinions (or parody).
There is no huge gap - only your opinion of what the difference might be.
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Re: Wow
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You do understand what a hippy is, right? If anything they'd be on Dan's side....even if it's just because they're high and think he had cakes.
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Re: Re:peating myself...
As another matter, though you seem absolutely certain, how do you know for sure that Dan Bull rapped over Lord Finesse's song and dind't reconstruct the beat from the original source material?
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hypocrasy
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Re: Misspellings
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Um, no. Are you being sarcastic? Hip-hop is rich with variation.
http://www.youtube.com/watch?v=l2yVNDB4Q-A
http://www.youtube.com/watch?v=K5p-oqfF8Pg
http ://www.youtube.com/watch?v=V6G1cLYoivQ
http://www.youtube.com/watch?v=s4iR668Ki3I
...all the same beat?
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Let's test this shall we?
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Re: Re: Re: Re: Re: Re:
Commentary in and of itself (which is what this is) is not parody. Mr Bull is making sarcastic comments to expose his point of view. He isn't making fun of anyone, he isn't making a joking version, he is VERY serious.
Sorry, no parody here.
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Forgetting About Criticism
Dan is in the right, Finesse is in the wrong, and is using his money to buy power and censor criticism.
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Slapping
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Kool aid frozen pizza
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Re: Wow
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