50 Cent Sued Over Mixtape Sample

50 Cent is indifferent to a lawsuit over an uncleared mixtape sample.

50 Cent has been sued for using a sample on a mixtape track released three years ago.

According to TMZ, The Persuaders' Robert Poindexter has filed suit in New York over the uncleared use of the group's track "Love Gonna Pack Up and Walk Away" on Fif's "Redrum," included on his War Angel  LP.

Poindexter states that the G-Unit general feels as though the release of the track for free gives him immunity from copyright claims. "Fifty Cents [sic] has not denied the infringement, but appears to be basing his defense solely on a frivolous and immaterial claim that the illegal version is not being commercially exploited, but is given away for free," he wrote in the suit.

Poindexter is suing for unspecified statutory damages and $600,000 in punitive damages, plus interest.

RELATED: DJ Drama Explains Genesis Of 50 Cent's "The Lost Tape" Gangsta Grillz Mixtape

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61 Comments

  • lolay

    Ain't the Persuaders the same fuckin band that sued Kanye West just a few weeks ago?

  • oskamadison

    If dude is successful with this lawsuit, whatever little remnant of true Hip-Hop music will be gone. Sampling at that point will be damn near illegal. I understand that that's my man's music and if 50 is profitting from his music in any way, then 50 needs to break bread, that goes without saying. But if 50 isn't making any money from it, well what's 40 or 50% of nothing? 50 is a big name and an easy target for a lawsuit. If it was Sean Price, Roc Marciano, Immortal Technique or someone that most people don't even know exists, would dude even bother to waste the time, money and resources to chase a few dollars? (which is what he would be left with after all the legal fees.)

  • FourTwenty

    What confuses me is why is 50 being sued? Why not whoever produced the track?

  • judgeholden

    It is immaterial that he gave the shit away for free, he used it to promote his career = money. Pay the man.

  • Anonymous

    AOLDisc56k: do you guys ever consider how long it may take for the copyright owner to even hear the song?? Those OGs aren't scouring the internet. ============================= This was pointed out within the comments that most are using as their argument but cannot answer and thus makes their argument a moot point. There is no timetable to dispute this claim, so why is everyone disputing the timing? What is happening here is that many who do not have a versed knowledge on sampling and publishing are throwing their 2 cents in and are trying to make it the million dollar answer but it is counterfeit.

  • Anonymous

    If this was a free mixtape, thus not widely available like an album would be, then maybe this guy didn't stumble upon the song until now. If anything Fiddy should have done five minutes of research on Google, found out where the sample came from, and cut a measly check. It would have been alot faster and cheaper than what this hack is now suing for.

    • killz

      Hack? this is one of the guys who made the original song. The hacks are the ones who took it and their lable heads and YOU for being so dumb

  • Anonymous

    waiting 3-6 years to file a suit is very suspicious. no matter how much of a case you may have had.

  • Anonymous

    "this is like those ex wives of famous athletes who write tell all books years later" Are you mocking The Real Housewives of Atlanta?

  • Blasthoro!

    Who are the Persuaders? And why is dude suing so late? Should be a statutory limit on things like this.

  • roy arnold

    typical american. why didnt you sue 6 years ago? why did you wait until now to show outrage and take legal action against all these artists? that fact alone completely contradicts the angle of morality he's clearly just exploiting for a pay day. if it was that offensive to you then you would not have waited 6 years to speak out about it. this is like those ex wives of famous athletes who write "tell all" books years later trying to expose shit. then when asked "why did you wait all this time to say something" they say "i was silent because i was still trying to come to terms with things and get myself together". translation - im broke, and i need a check for something which normally would not be an issue to me.

    • AOLDisc56k

      do you guys ever consider how long it may take for the copyright owner to even hear the song?? Those OGs aren't scouring the internet.

    • Anonymous

      THE 6 YEAR ISSUE WITH KANYE IS IRRELEVANT TO THIS THREAD ABOUT 50. I'M NOT GOING TO SPECULATE OF ASSUME A MOTIVE BEHIND THE TIME PERIOD BECAUSE THERE IS NO STATUE OF LIMITATIONS CONCERNING CASES LIKE THIS. IT'S HIS AND 50'S MUSIC TO ARGUE OVER. WHAT I AM INTERESTED IN IS THE RESULT OF THIS CASE. APPRECIATE THE MENTAL SPARRING.

    • Anonymous

      ^he just sued kanye for a song from 2006! that's 6 years! OOPS! he inquired because he is desperate for money. if anything he sued 50 cent because it was another opportunity for him to make money off of his music. look, i think every artist should get compensated for their work... but there is clearly an ulterior motive here which cannot be overlooked 6 years is a long time to wait until you take moral and legal action. that's why there is such a thing as statute of limitations. do you know how many cases get thrown out over it? the common limit is 2 years... people want to get on with their lives, not be burdened with defending themselves about the past. this guy should have taken note from The Eagle's who recently stopped frank ocean from performing hotel california. that song is barely a year old and the eagles didnt want him "profiting" off of their song. that's when youre supposed take legal action... 3 years makes you look suspicious.

    • Anonymous

      Yes it does make a difference. If you supposedly know law, you would know you can't circumvent a fact like that to support your stance. If you READ BETWEEN THE LINES, Mr. Pointdexter has ALREADY inquired about the use of his music, he has stated ABOVE that 50 upheld his side of the matter by saying it was released for free, therefore didn't need to clear it. Now if you want to get TECHNICAL, War Angel LP (mixtape) was released on JUNE 16, 2009, IT HAS NOT REACHED 3 YEARS ON A CALENDAR, two and a half years to seek litigation is NOT an abnormally. YOUR STATEMENT made it out like it was ALMOST 10 YEARS AGO.

    • Anonymous

      3 years, 6 years, really doesnt make much of a difference. and i am very familiar with the law, and it does not take 3 years to file a lawsuit of this nature, nor to gather intelligence on the use of the sample. if he used the sample illegally without permission from day one he would have intervened preemptively ahd got a cease and desist...not waited 3 years until 50 started seeing alleged benefits off of the "illegal" sample.

    • Anonymous

      ignorant foreigner (like that?) It says 3 YEARS ago. Now if you knew ANYTHING about the American judicial system you don't jump into litigation, it takes some time to actually get a case going. And even if we give Mr Pointdexter some credit, he has been waiting to gather as much information as possible before deciding to continue the battle in court.

  • Anonymous

    O_o problems here...they have to prove that 50 made money off of it, performance wise or retail wise...but this is the elephant in the room... "lol Dude is just broke and looking for easy money." Well, it's YOU BROKE FANS, WANTING FREE MUSIC ALL THE TIME that are CAUSING this problem.

  • Anonymous

    when every artist starts suing rappers for mixtape samples then we will have something to talk about. but for now the guy is the only person desperate enough to go out of his way to search through rappers' music for 6 years ago just to find an excuse to sue. most musicians appreciate when other artists pay tribute to them just as free art. its only the few stuck up niggas who need a pay day that seem to have a problem with it. while you're at it why dont you go on youtbe and sue every person that made a video of a cover song by anther to "promote" themselves. these people are desperate.

    • @ reginald

      You seem like an intelligent person. So you should know the case with Kanye holds no bearing on the case with 50 Cent, regardless if the individual pursuing is the same person. If a criminal has 2 different open cases one does not influence the other. Let's us all let the judicial system work and see the outcome and whether it affects the fan or not.

    • reginald

      you asked where 6 years came from and kanye was the answer. and the frivolousness of both the lawsuits are exactly the same. that's why it was brought up. its not a coincidence that this dude came out of no where suing different rappers about old ass shit. dude probably starving. we'll see what he can milk out of it.

    • Anonymous

      WHO'S TALKING ABOUT KANYE? THIS IS A 50 CENT THREAD. NOT LOGICAL? LOL THERE ARE PEOPLE WHO'S JOB IS TO SIT, SEARCH AND FIND COPYRIGHT INFRINGEMENTS. KEEP ON WORRYING WHY I TYPE IN CAPS.

    • reginald

      ^ that kanye lawsuit was over a song from 6 years ago. and you should do some research yourself. the isp and riaa are not suing anyone. that is absolutely false and not even logical. the worst that happens is that they request the video to be taken down if it constitutes as a breach of contract. not a lawsuit. "this video has been removed by request of..." this guy suing 50 cent for a sample of a record (not even a cover) this late in the game is like someone suing justin beiber now that he's famous because of a song he covered on youtube 3 years ago. he better have a good lawyer because his care is looking pretty thin right now. btw we cant hear you yelling by you're typing in all caps kid.

    • Anonymous

      50 Cent is indifferent to a lawsuit over an uncleared mixtape sample. 50 Cent has been sued for using a sample on a mixtape track released three years ago. ^ WHERE DID YOU GET 6 YEARS FROM? why dont you go on youtbe and sue every person that made a video of a cover song by anther to "promote" themselves. these people are desperate. ^ THE ISP'S AND THE RIAA & MPAA ARE ALREADY DOING THAT. NOT ONLY CAN YOU NOT READ, YOU DON'T A THING ABOUT WHAT'S GOING ON. STOP SPENDING YOU INTERNET TIME COMMENTING AND GO SEARCH AND LEARN SOMETHING.

  • Henesy

    I was unaware you could be sued for using samples on a Mixtape. I suppose he was "selling" this mixtape & that's why there is a problem.

  • Anonymous

    Clearing the sample... And the song wasn't even put on a real album. Talk about pointless.

  • Anonymous

    "the average artist has a bit more sensibilty than that. these guys must be starving" That doesn't matter. Granted, it seems they need money, but how hard would it have been for 50 to clear the song? Not hard at all. This is just another example of a rich jerk off doing whatever he wants.

    • u no mak sense

      umm what about the guy that sold the beat to 50, why not sue him tho?!?! besides fif may have lose a couple of rap battles but he's been the floyd mayweather of the courtrooms lol how to clear songs on an album for purchase: lawyers from your record label contacts lawyers of whoever owns the rights to that material then negotiates royalties %s for the use of that material. (this is done for every track til it gets the green light) how to clear a free mixtape: ask your boss/label head to release it straight online....

  • Morpheus

    The main argument here is whether a successful artist with a subtantial amount of listeners should use a beat, vocals, or instrumentals of a new artists material,which in turn becomes an indirect/direct tactic of market cornering. Its the same thing with national artists being played far more than local artists.

  • Fuck The Persuaders

    Once again fake niggas from the Persuaders are suing a brother for a free mixtape. When will they grow the fuck up!!!???

    • Anonymous

      why dont you do something creative first and see how you feel when someone uses it without your permission. Not all copyright crimes deal with money generated. Do some reading before you comment on matters that you dont understand, lil boy.

  • ummmmmmm

    It's illegal to distribute copy-written works. So now tell me guys, is putting out a mixtape distribution? I think it is. If this goes through, it's going to help and hurt the game. It will help the game because, lets be honest, mixtapes have gotten way out of control. Mixtapes and blog sites are saturating the game. However, this doesn't guarantee a decrease. It may just make all of these mixtapes sound like garbage with synthesizer beats lol. I hate that it had to be fif but I'm real curious to see how this works out.

  • blah

    there's another person trying to sue Kanye for something almost exactly the same as this. He sampled some1 elses work but used it for a Mixtape. Until some1 wins these cases, I dnt give em any shot. Dis wud change the whole mixtape game if u had to get a clearance to use a sample for a free song.

    • Anonymous

      you use papoose as your example? nearly every major artist releases mixtapes to promote their music. hell, hhdx even has a "mixtape release dates" article regularly. mixtapes are an integral part of music. so much so that even rnb and pop artists have started releasing mixtapes to advance their fanbases. without them sales would be even lower. granted there is such a thing as oversaturation and i agree some artists over-promote themselves to the point where there is no prestige. but to suggest that too much free music is why sales declined is untrue. because even the music that is for sale gets leaked. not just the free music. the problem is the age of the internet. not the music that is given away for feee.

    • Anonymous

      only desperate artst sues over a sample from a 5 year old mixtape. ^ IT SAYS 3 YEARS IN THE SECOND SENTENCE. WTF IS WRONG WITH YOU KIDS SO QUICK TO SPREAD MISINFORMATION? IT WENT FROM 3 YEARS IN THE ARTICLE, TO 5 YEARS, NOW IDIOTS ABOVE ARE TYPING 6 YEARS. WHO IN THE FCUKING WORLD WOULD TAKE YOUR COMMENT SERIOUS IF YOU CAN'T EVEN GET THE MATH RIGHT?

    • @anon above

      Yeah, but mixtapes were strictly a dj thing back in the day. They just mixed up joints, got a hold of unreleased material and so on. The artists weren't emphasizing on it, but after the success that 50 had with the mixtapes, it's obvious artists have gone overboard with it. True, mixtapes give fans more reasons to support artists, but let's be real, how many albums follow the numerous mixtapes that artists so heavily rely on this day in age? Like Papoose?

    • Anonymous

      @ummmmmm that's bullshit. mixtapes have been around since rappers were going gold in the first week. what you said may be true if the decline in sales was exclusive to urban music, but its the entire industry. its called the internet and the facilitation of file sharing. mixtapes had nothing to do with it. mixtape actually gives fans even more reason to support artists when their albums come out. that's why so many artists are successful now, and that's why some of them will go do far as to delay an album to release a mixtape to generate more interest (rick ross- rich forever)

    • ummmmmmm

      a large reason why there is a decline in rap music specifically is the mixtapes. They are loading the world up with music for free and then turnaround and expect to sell it. Urban music is the only music that does this.

    • blah

      how wud it not change the game? w/a major decline in music sales, alot of ppl are starving. Ppl will do anything for some extra money nowadays. So if he wins this case, other ppl will start suing ur major sample-users like Ye and even Big Krit.

    • Anonymous

      it wouldnt change anything. only desperate artst sues over a sample from a 5 year old mixtape. the average artist has a bit more sensibilty than that. these guys must be starving

  • Anonymous

    His argument is that 50 used the song/tape to create/maintain buzz ie making more money which in my eyes is a fair point.

  • Anonymous

    These bitches only come when you're successful.

  • Anonymous

    I'm still waiting for Nubuo Uematsu to sue Fiddy for "The Veldt" sample used in Final Fantasy VI for 50 Cent's "Candy Shoppe".

  • Anonymous

    he might as well give dis lawsuit up cuz he wil never get any money for it..... if ross can keep somebody name and dont get sued, dude suing 50 wil never get that

  • The Ice Cold Phenom

    Maybe it can be argued that even though the track is free, 50 Cent used the material to maintain commercial appeal thus profiting in other areas. This could open the door for a long line of lawsuits if upheld. This is gonna be very interesting.

  • Anonymous

    This is nonsense, lets shutdown every free 'cover'/'remix'/'ode' or anything inspired by anything before it. This shit cray SMH

  • Truth

    This person is looking for a attention or a come up go to www.Streetleaguemovement to see what I mean must see

  • Anonymous

    It's free and he's never performed that song anywhere...lol Dude is just broke and looking for easy money.

    • Anonymous

      ^ doesnt matter if you read the plaintiff's statement he says he doesnt care if it was free or not.

    • Damn

      It's not free. The war angel mixtape is for purchase on Amazon. Therefore Fifty made money off of the sample that wasnt cleared.

  • Carl

    This is the same person suing kanye for using a sample. This dude is obviously broke and looking for some money

  • dj nemesis

    if its free, not only can i use the sample, i can completelty rip the beat, use their vocals on the chorus and make a vid to it and a house/dubstep remix to it lol how da fuck can someone sue 50 and his expensive lawyers?

  • Anonymous

    whats the point if it was a free mixtape track it aint like he made money off it i bet its just some broke people who want some of his money

  • Daddy

    *rolls eyes* Im pretty sure the lawsuit will be thrown out. I wonder if the other people who sampled this song got sued since this song has been sampled multiple times (but those were albums on retail).

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