Kanye West Sued $500,000 For Unauthorized Use Of Sample On A Mixtape

Days after Syl Johnson settles, The Persuaders seek damages for using their music on Kanye West's 2006 "Freshman Adjustment 2" mixtape in the form of a familiar sample.

Less than one month after settling a sample lawsuit with Syl Johnson, Kanye West was served with a new copyright lawsuit. According to AllHipHop.com, the producer/emcee is being sued for $500,000 by The Persuaders' Robert "Bobby" Poindexter.

The March 27 court filing accuses West of wrongfully using the 1970s New York R&B group's "Trying Girls Out" for his 2006 Freshman Adjustment 2 mixtape, on the cover version of "Girls, Girls, Girls." Curiously, the same sample was previously cleared the work with permission, for the Just Blaze production of the song on Jay-Z's 2001 album, The Blueprint - an album West also worked extensively on.

AllHipHop.com quoted Poindexter as claiming that West has previously refused out-of-court settlements.

Read the full story here.

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94 Comments

  • tren

    ADDRESSED DIRECTLY TO KW, "KW" Go Head Girl- Go Head Get Down. " GET DOWN" background vocal in GOLD DIGGER ! KW what song did you take it from? Who is the vocalist singing the GET DOWN in the background. Why haven't you cleared the sample with my deceased father DAVID PRYOR, founder and lead performer of THE PLAYBOYS -THUNDER AND LIGHTNING band? "BUMPIN BUS STOP" KW do the honorable thing like" GET A LICENSE and PROPER PERMISSION" to exploit my HIP HOP POP's copyrighted musical creation. WHAT IS THAT?? You think you can get away it? Not going to happen!! The Heirs of David Pryor & THE PLAYBOYS -THUNDER & LIGHTNING have UNITED TOGETHER and have developed a new band called " A VOICE FOR THE VOICELESS" to speak on behalf of incapacitated and deceased original creators that become victims of stolen copyright rights against pirates like you! KW - We are strong and we are on our way to talk you COPYWRONG CON-YE!!

  • Jason

    Wow seems like this is becoming the new sue craze in America. well i guess either everyones full of greed or these artists appreciate the homage to their music being reintroduced but want these rookies to do their homework before making a hit. lol of course after the Dubai concert and watch the throne this is a penny in the pot to this muthafucka!!! lol

  • MusicFan

    Was this mixtape free? I don't see how this is even an issues if it is. However, please enlighten me if I am incorrect.

    • DRTYDRDZ

      If they can prove that the song was directly used as part of the marketing campaign for his official album and thus that he directly profited from the song, they CAN 100% win regardless of whether or not the mixtape it's self was free or notIf they can prove that the song was directly used as part of the marketing campaign for his official album and thus that he directly profited from the song, they CAN 100% win regardless of whether or not the mixtape it's self was free or not

  • Matty P

    BASED GOD > KANYE WEST

  • Beezlebud

    If they can prove that the song was directly used as part of the marketing campaign for his official album and thus that he directly profited from the song, they CAN 100% win regardless of whether or not the mixtape it's self was free or not

  • harris89

    Pretty sure they're not winning shit.

  • jcole is garb

    Lol at dudes saying he should do sample free productions. no. hip-hop and sampling are almost synonyms. Tracks that don't have samples usually have some lame bitch singing the chorus and sound like techno. no thank you. keep ya head up yeezy

  • D-Marz

    Wow its a mixtape track dude, Ye probably wot see any money from the track. The track wont get any radio play at all. Dude needs to chill..

  • Anonymous

    Free mixtape or not, you dont go sampling another persons work without taking permission from them, especially when you are kanye west. He should have know better. For a guy who has spent his whole career sampling music i expect more foresight.

  • Anonymous

    LOL- Kanye cant mke hits without other peoples beats.. bout time the world of this Illuminatti Satanic Puppet collapses... Hey Kanye.. when u commen out the closet????

    • anon

      yo dumbass, samplings been in hiphop for awhile now. If you wanna make an issue out of it, take it up with biggie and tupac's ghosts.

  • Jacc

    lol this nigga Kanye is always having trouble with samples he should try to make sample-free production sometime

  • Swagtastic

    Kanye is swagarific. I'm feeling that kilt he's been rocking in concert. I went out and bought 4 leather ones for myself. All you fuck boys who want to hate on them can suck my dick. Those bad boys cost $500 a piece. Can you afford that? HAHAHA! I didn't think so bitches.

    • Swagtastic

      It's a kilt and that shit is hot. Girls love it so I don't care what another man thinks. Why do you care what another man wears anyway? But I'm the fag.

    • The B

      I dont give a fuck how much it costs, I dont live in scottland, ireland or whatever the fuck & men shouldn't wear skirts anyway fagboy.

  • Anonymous

    The whole thing is stupid. If you don't make money on your music tough shit. Don't come after artists and fans because in the long run you end up destroying intellectual property rights and the internet.

  • Anonymous

    How can you be sued over a free mixtape? You didn't push or sell the mixtape for any financial gain, you just decided to be creative for the sake of you and your fans. If the courts decide this then hell, Hip-hop might as well go bankrupt.

  • Anonymous

    While I feel semi-bad about how they've been shafted financially over the years by the music industry, look up the number of different people they've tried suing. No one likes a bitter person who had bad business sense.

  • So Icy Boi!

    Fuck Kanye West! that nigga is gay! check out ma new singe "Check My Swag" featuring Mystikal. http://soundcloud.com/yungicyboi/yung-icy-boi-check-my-swag ma debut album Hip Hop Is Alive comin soon. YMCMB! swag

  • Anonymous

    It was a free mixtape, In as much as I dont listen to kanye, no one should be getting sued for something like this. As for the punk/s running their mouths about sampling get the fuck off this site immediately. No sampling = No Hip Hop. In fact, about a 1/3 of soul/70's and 80's r&b would not have existed without some sort of interpolation or recreation and tweaking of other songs.

  • Ali

    so many lames in this thread. it takes a shitload of skill to sample, if you don't think so, you're not a producer or you're not good at it. the song was used as a non profit, and was never performed live so they have no case. and if they broke, they probably can't afford a good lawyer while ye can.

  • Anonymous

    god damn: everybody knows it was copy and paste, that's whats hilarious, you calling out nerdy bloggers, what's more nerdy than posting the same damn thing on a fucking message board? ^ the pocket protector nerd with an ink stain on his shirt that's butthurt. The re-paste was a repeat of an answer to a question virgin. You that upset someone swiss cheesed your inane commentary?

  • Anonymous

    YOU SITED A FEDERALLY SEIZED SITE AS YOUR BASIS OF POINT THAT THE INTERNET IS THRIVING? WOW

  • Anonymous

    This is a new day and age where people download music, period. Did you see the Kanye commercial for megaupload? I don't think your getting the picture. ^ loL Did you remember after submitting that comment that Kim Dotcom owns that site? LMAO What is wrong with you people?

  • Anonymous

    Oh my God he put it on a fuckin mixtape. A fuckin mixtape. Which means it is for free. He isn't making a profit out of it.

  • So Icy Boi!

    LMAO! Kanye West cant make an oriignal beat like T-Minus, Lex Luger & Bangladesh. samplin is for lazy people. Kanye aint creative, his soul beats are outdated. he iz probably one of the worst producers of all time. Bangladesh & T-Minus are tha GOAT. swag

  • Anonymous

    People like Kanye make it harder for everybody else, all this motherfucker does is sit around talking about how rich he is and still he doesnt wanna pay for his samples Trade in your "Other Other Benz" and pay for your samples you cheap bastard

    • Anonymous

      Being high "profile" like Kanye is, and all cross over to mainstream America. Yes he will be required to pay compensation for what he uses of other poeples legal property, it's really as simple as that! I don't know whether it would be a personnal issue with the people issuing the lawsuit rather than any other random hip hop artist.

    • Anonymous

      but you didnt answer how my question. how does that reflect on all of hip hop? if an artist shows that they are willing pay for a sample... then they will get it cleared. how does one man failure to sample from one artist reflect on an entire culture? this is the way though process racists have! one person = the entire race. GTFOH! Plus your entire argument is built on the premature assumption that kanye was just unwilling to pay! Why would he pay? its a non profit mixtape? people make those all the time! So how could you possibly know what his reasoning was? how did you fill in all these blanks after reading one article? Were you there? where are you getting this information from? this is exactly what i mean... you are bias against kanye therefore you assume the worst of him based on incomplete information. how do you know that these guys arent just in financial trouble and are exploiting a pay day? and you completely ignore the fact that it took them 6 YEARS to file this complaint... kanye was 25 at the time! And it was a mixtape! I'm so tempted to call you a hater right now but ill just settle with destroying your entire argument which was entirely based on a presumptuous conclusions. And please define "over and over again"? besides the joy? please list specifically which samples kanye has failed to clear? even then... sampling has always been his trademark. so given the number of sample he has used.... even then ratio of cleared samples vs a few snags (which are to be expected) is overwhelming. But again, please prove to us your claim that kanye has illegally use and sample and been SUED for NEGLECTING to clear it OVER and OVER again. We will wait...

    • Anonymous

      but you didnt answer how my question. how does that reflect on all of hip hop? if an artist shows that they are willing pay for a sample... then they will get it cleared. how does one man failure to sample from one artist reflect on an entire culture? this is the way though process racists have! one person = the entire race. GTFOH! Plus your entire argument is built on the premature assumption that kanye was just unwilling to pay! Why would he pay? its a non profit mixtape? people make those all the time! So how could you possibly know what his reasoning was? how did you fill in all these blanks after reading one article? Were you there? where are you getting this information from? this is exactly what i mean... you are bias against kanye therefore you assume the worst of him based on incomplete information. how do you know that these guys arent just in financial trouble and are exploiting a pay day? and you completely ignore the fact that it took them 6 YEARS to file this complaint... kanye was 25 at the time! And it was a mixtape! I'm so tempted to call you a hater right now but ill just settle with destroying your entire argument which was entirely based on a presumptuous conclusions. peace.

    • Anonymous

      Oh, and by the way, I'm not just saying that because of this one instance, everybody makes a mistake, Kanye has been sued over and over again for uncleared samples, its already happened twice in this calendar year alone, he's got a history of doing this

    • Anonymous

      ^^^^^^^ Are you such a simple simon ass dude that I really gotta break that down for you?? *Sigh* Fine........ When Arrogant Millionaire rappers like this get caught not wanting to pay for shit, it reflects on everyone in the genre. Some of the less fortunate rappers have reasons for trying to fly under the radar, they cant afford it, Kanye can, so when people see him stealing for no reason, it makes the rest look bad. I read an interview with DJ Premier once where he spoke on this, it was about the Joell Ortiz "Project Boy" track that Koch didnt want to clear for his "Free Agent" album, he basically said the same things I said "Hip Hop is built on samples, but if you dont want to pay to clear the sample you shouldnt use it, these musicians wrote the original song and deserve to be compensated for there work when you re use it" When somebody like Madlib doesnt want to pay, I understand that, he's underground and cant afford the high prices, Kanye West does nothing but brag about how rich he is, he can afford to pay for his samples, he just chooses not to, which in my mind is equal to a Multi Millionaire trying to get away with shoplifting.

    • Anonymous

      please explain to us, in detail, how ans what this makes harder for everyone else? specifically, what aspect of this reflects on other people and exactly what does it make harder? And specifically how is him making a non-profit mixtape in lieu of the politics of clearences, a practice that every artist does to their exercise artistic freedom... how is this any indication of someone being cheap? Do you think maybe you're using this suspcious story as petty excuse to vent out your personal dislike for kanye? Even though you know damn well that millions of artists have sampled millions of other artists for free mixtapes with none of the artists being sampled taken petty legal action? Do you think maybe your obvious bias is preventing you from functioning as a reasonable authority on this subject and instead are you taking advantage of an opportunity to throw dirt? We are all waiting for your answer. Again Please be VERY specific. You comment require alot of clarification.

  • BEESHMO

    Shit I'm just glad So Icy Boi isn't on here ranting like a little bitch. And whoever said sampling is for people that are lazy, you don't know shit about hip hop.

  • Daddy

    In the words of the Persuaders with reference to this lawsuit: "Does it really matter?" and "oh its too late....uhhh"

  • Daddy

    Does that mean they are going to sue 50 b/c I doubt he cleared sample with them for that one song he did.....then again maybe he did. This lawsuit will probably be thrown out.

  • Anonymous

    LOL! Watch, now the Persuaders are going to have gigs after all this time...

  • king

    check out obie trice's new track > http://www.youtube.com/watch?v=rHzBNaYnkH8

  • Anonymous

    soooo they waited 6 years because???

  • Anonymous

    Lol sampling is why he didnt win grammy album of the year. Only 2 original tracks on that whole album. kanGAY west is lazy. They got million dollar studios and equipment yet they sit around all day listening to old records trying to chop them up and make a beat. NO CREATIVITY.

    • Anonymous

      lol label armchair exec. dead. sampling is an artform in itself. fucking redneck this genre was never meant for you. this genre was built on sampling and creative manipulation. not to mention 880% of the albums you listen to from any genre contain samples in them. stop listening to our music. stop visiting our pages. you are not welcome here

    • Anonymous

      dont feed that troll. dont dont dignify this dumbass comment. he's calling kanye kangay ffs how can you take a nigga like that seriously lol

    • Anonymous

      LAME FCUKBOI LABELS RELISH AND PROSPER OFF OF PUBLISHING OLD AND NEW. BUT HOW WOULD U KNO' ARMCHAIR LABEL EXEC? SONY JUST PAID 1 BILL FOR EMI'S PUBLISHING, BUT OF COURSE YOU KNOW BETTER.

  • Anonymous

    I thought mixtape could not be sued since the music is unofficial not a studio album.

    • big snizzn

      It wasent released in stores, and Kanye did not receive financial benefits for the track. Plain and simple

    • god damn

      everybody knows it was copy and paste, that's whats hilarious, you calling out nerdy bloggers, what's more nerdy than posting the same damn thing on a fucking message board?

    • Anonymous

      It was a copy and paste you emotional twat. There is emphasis on capitals for others to see. Care to explain why you're on the rag Summer's Eve? Someone types accurate and definitive information and you morons want to trash it because it isn't presented in the way you want to see it. Your life, just remember you have every opportunity to point the Ruger at your temple and pull it.

    • anon

      yo wtf are you screaming about faggot? calm the fuck down before you rupture a blood vessel.

    • Anonymous

      You fans just do not understand. Just because it was free to YOU, does not mean it is free. ANYTHING Kanye does music wise Universal Music Group has EXCLUSIVE rights. They have RECORDING BUDGETS, labels PAY for those THROWAWAYS that become mixtape songs.

    • Anonymous

      yeah thats what i thought too??

  • dentaldamboy

    No way Kanye could pay this. He's gonna need a loan from Jay-Z. The cost of the loan...Kanye will have to start worshipping the devil.

    • Anonymous

      trolls big money is tired of spending money to see comments like that. even Lupe said no more free music. take the hint, the companies lose, the websites will lose, the fan comes out with nothing, WHEN THEY HAD THE CHANCE TO GET MORE OUT OF IT. let these idiots continue to do what they do. ever heard heard of one bad apple spoils the whole bunch? keep reading.

    • anon

      don't worry bout kanye's money boyyy. He's got so much more cash than your broke ass and pretty much all of young money combined.

    • thought dog

      Start? He already worships money and material shit.

  • Gerard

    sight, another reason to make artists don't want to put out mixtapes

  • Anonymous

    Now sit here and tell the world once the free music wave is over that's when you will go to XV, Jay Rock, Emilio Rojas, Exquire, Danny Brown and them and support. YOU LYING A Drake album leak for download is like getting a free pair of Jordans to y'all. Now you going to be happy with Asics? LMAO.

  • Anonymous

    You zit-faces can cry all you want but these big business people ain't playing with you. The "recession" excuse is done. Internet? You haven't been paying attention, they have been spending money lobbying to protect their investments. Even the artists themselves see the fugazy actions of the fickle fan, Odd Future already has a TV show to protect their brand from failing because of the fans. NOBODY RESPECTS YOU. NOW WHEN THAT PROMO MONEY DRIES UP, WHERE DO YOU THINK THE WEB CONTENT WILL COME FROM ON A SITE FOR YOU TO COMMENT ON? YOU ARE KILLING THE GAME WEIRDOS, GAY COMMENTS, TROLLS, "F**KBOYS", WANNA BE BLACK BUT WHITE RACIST POSERS.

  • Jacc

    Haven't heard of The Persuaders in years...

  • Anonymous

    You fans just do not understand. Just because it was free to YOU, does not mean it is free. ANYTHING Kanye does music wise Universal Music Group has EXCLUSIVE rights. They have RECORDING BUDGETS, labels PAY for those THROWAWAYS that become mixtape songs. Why do you think Lord, Lord, Lord was not on Kanye's album? They couldn't clear the sample. Now if they can prove 'Ye made some paper off of GOOD Fridays, he will get the paperwork for that sample. RECOGNIZE, YOUR SELFISHNESS of FREE MUSIC, is coming to an END. Either PAY FOR IT, or F**k OFF.

    • Anonymous

      lol, why are you getting mad at the fans here that care to even read about Kanye. He was the one who offered all of those songs for free, son. This is a new day and age where people download music, period. Did you see the Kanye commercial for megaupload? I don't think your getting the picture.

    • Unknown

      I'm sorry, but I thought the mixtape was meant to be free for fans, you know to promote the artist. I don't see anywhere that says Kanye used the sample on a premium song.

  • P

    2006? The statue of limitations is up on that....And even if it wasn't, you can't sue for a sample on a project no one made a profit from. Idiots

    • Anonymous

      Whose to say no money or profit was made as a result of it though? what about performing those songs at concerts, or using them for promotional/marketing purposes. Sampling is a sensitive subject and for good reason.

    • Anonymous

      exactly what a bullshit case

  • Niyemortal

    Not only was the mixtape free, but I don't ever recall Kanye performing the song live either, so they have no case at all for this.

    • Anonymous

      Yeah, but not profiting the artist, just the person obviously making a quick buck selling the mixtape...

    • BigYeezyFan

      This mixtape was actually being sold back then like a lot of other mixtapes. UPC barcode and all. Proof shown by the link below: http://www.langtoninfo.com/showitem.aspx?isbn=0387421847521

  • Anonymous

    THERE IS NO CASE FOR THIS, IT WILL BE THROWN OUT. YOU CANNOT SEEK DAMAGES FOR A SAMPLE THAT WAS NOT PROFITED OFF OF. IT WAS MADE DISTRIBUTED FOR FREE, KANYE DIDN'T MAKE A DIME OFF IT.

  • Anonymous

    Even if its a free mixtape the artist still maintains "creative control" which means no one can significantly alter their recordings and display it to the public. Now it usually results in just a "cease and desist" so i dont know how they asking for half a mil. unless they tryna say that kanye used it in such a way that it was "defamation" or they tryna go from the angle that even tough its free, he still indirectly got paid from it which probly wont hold up in court since Girltalk has been doing this type of thing for years and nothings come of it

    • Anonymous

      theyre broke that's how thy can ask for 500k they probably spent all month trying to find somethingto sue about

  • Anonymous

    tired of all these artists who cant sell records looking for quick pay days and handouts.

  • Dude

    SURELY, the dumbest lawsuit in history. These idiots probably don't even know what a FREE mixtape is.

    • Dude

      The fact that they've made 'great music' doesn't excuse the fact that he's dumb as dirt (in this case). And saying it was the 'dumbest lawsuit in history', was OBVIOUS exaggeration on my part lol.

    • Anonymous

      Didn't a senator try to sue God? That's probably the dumbest lawsuit in history lol..

    • Anonymous

      Dude your calling the vocalist from the persuaders dumb, they have made great music and its true if there was no profit being made there is no point of suing.

  • SpecialK

    uh, it's a mixtape. mixtapes use other people's beats all the time, since they're free (usually). kanye must be tired of all these people tryna get a piece of the pie.

  • Anonymous

    the mixtape was free so WTF

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