Mac Miller Sued For $10 Million Over Sample Used On "Macadelic"

Exclusive: An artist named Warm Speakers has filed a $10 million suit again Miller for using his copyrighted work without permission.

An artist named Patrick Berlinquette, a/k/a Warm Speakers, has filed suit against Mac Miller, Rostrum Records and DatPiff for stealing his music.

In a complaint filed yesterday in the Eastern District of New York, the defendants state that Berlinquette wrote, produced and recorded a song titled “The World Around You” in June 2010 and registered its copyright on June 20, 2011. This year, Miller reportedly took his song “without his permission or knowledge” and copied it in a song titled “Fuck ‘Em All,” included on his Macadelic mixtape. The suit alleges that Mac took the chorus – “Get your money (Get your money) / Fuck ‘em all (Fuck ‘em all)” – and rapped over the track.

Miller acknowledged that he used Berlinquette’s song on Twitter in June, but Berlinquette states that he has not been compensated or properly credited for its usage. “Shout out @warmspeakers for the song we sampled on Fuck Em All,” wrote Mac.

“[Miller] uses other people’s music because it’s easier, cheaper, and faster than creating his own,” reads the complaint. “Miller seeks to capitalize on the common misconception in Copyright Law that people whose music he takes have no remedy if he gives their music away for free.”

Berlinquette claims he was “irreparably harmed, suffered damage, and defendants have profited in an amount to be determined at trial.” He is suing for willful infringement; violation of Copyright Law and New York’s General Business Law; and is seeking a permanent injunction. He is also suing for damages and seeks to recoup "no event less than $10 million."

In July, veteran Lord Finesse also sued Miller for $10 million, claiming that he used his instrumental from “Hip 2 Da Game” for his track “Kool Aid & Frozen Pizza (The Kool Aid Song)” without permission.

Listen to the songs below.

Warm Speakers - The World Around You

Mac Miller - Fuck 'Em All

RELATED: Mac Miller's Label Rostrum Records Responds To Lord Finesse Lawsuit

104 Comments

  • Anonymous

    aaattrrtttttyyy ddjjjhjn njhshshhdhdhdhdhhhhhhdhhhhhhhhhjhhdhhhhh;nnjjj'mjhh sbsbghggg

  • NV80

    Good Little douche bag anyways

  • Marquise Hudson

    There is a huge Loop hole in the industry with these mixtape records. Artist can perform Mixtape songs at they're shows and get paid good money from the Ticket sales they generate.However the artist/Label don't break bread with the producer or the writer or anybody from those mixtape records because technically its a FREE song or whatever. That is not fair at all to the other parties that are involved in this process.Producers/writers and artist who get sampled without proper permissions are getting robbed from these labels. Labels bringing in Millions off these tours. At least they can do is break some bread with the other parties. I feel a producer/writer should be able to eat too not just the artist. That is the problem with today music industry, People in it practice bad business . You think the artist getting fucked the producers are getting even more fucked over. They need to really fix this loophole as soon as possible.

  • Anonymous

    FUUQQ YEEZ MY NIKKAS FINALLY IT HAPPENED - JUST GOT A NEW RIDE - A CAM A RO CONVERTIBLE.GOT APPROVED FOR 26 LARGE. BEEN 5 YRS SINCE IVE GOTTEN SHYT APPROVED, BUT NOW ALL MY CRE-DIT SHEET GONE. ALL OF IT. IF YOU STRUGGLING WITH THAT CREDITT HISTORY ISHH, GET RID OF ALL DAT TODAY - CALL THESE PEEPS AT 8^8^8-9-2-7 -3-3-5-6. . THEY DO AMAZING WORK AND THEY ARE CHEAP AS FUQQ. GOT RID OF ALL MY SHYYT IN NO TIME. MY HOMEBOY WAS IN THE GUTTA TOO, AND HE CLEANER THAN ME NOW-gettin a condo!! Hit em up - THEY WILL HELP U!!//,

  • Anonymous

    What lame excuse are the wack miller apologists going to use now? The sample not being cleared by Warm Speakers lol. The irony.

  • yeah

    He is selling the cd on amazon so he defintely will be paying up. Bayleave dat plehboi!!!!!

  • Anonymous

    fuck this cracker

  • Finz

    Gotta agreem that while yes, in a sense BOTH tracks were on FREE mixtapes that were available for download. BUT,lets look at the side points. The Macadelic Tour garnered millions and millions for Rostrum Records. Although the tour it self promoted a free mixtape, they still generate ticket sales. Whats being played and performed at these shows? the songs of the free mixtape. This is why he is generating revenue from it. I dont quite agree with an old school, thirsty ass rapper suing him for ten mill, but obviously they can do it.

    • Xavier

      @Finz, how is performing free songs with uncleared samples at a concert any different than musicians that cover another's song in concert? I am pret-ty darn sure that the artist/label didn't get clearance for the cover song, but you don't see them getting in as much heat. In this case I can understand the fact that it was a tour based around the free mixtape, but then again musicians that do cover songs usually perform them at many, if not all, their shows. Though, I do feel Mac and camp should have at least showed more love to dude and given proper credit where credit was mos def due, other than just a tweet. My last thought, shouldn't the producers be held accountable for this more than the artist, I mean. . .they produced the song for him to perform over. It's bad practice to produce a song and then be like, 'oh yeah, we sampled this, but you have to clear it", if they even mention it at all.

    • Anonymous

      That really didn't make sense. what is different, because it is a rapper? Stealing is stealing.

  • Anonymous

    now the suing is gonna get outta control, everybody is going to sue everybody for every use of them in any way, and in music itself is gonna go down the drain because of selfishness and law. fuck what law says, its the fact that people wanna make music. period. how can people make music from anything if anybody can sue for usage? every sound every beat every horn. comes from somewhere else. even if you play the instrument yourself what you gotta pay the company who made the piano? this shit is ridiculous and its gonna get out of hand with the law in... this is fucked up

  • Anonymous

    You are right Daniel, but Penalty is through EMI since early 2000's, they own the publishing. Ten million is not the amount taken, it's an amount that makes the suit severe and is negotiable. "Kool Aid and Frozen Pizza was what many believe to be the final piece to the puzzle that put Mac Miller in the National spotlight. Every night he performs it in the closing stages of the his live show. When fans go to a mac miller show, they expect to hear Kool Aid and Frozen Pizza. Now, when a kid is doing 100+ shows every year, he is profiting heavily from Kool Aid and Frozen Pizza." ^ this is what y'all are missing because you are stuck on "free mixtape". Mac has an official video for this song with numerous live performances that have generated millions of internet views and he is seeing revenue from this. Do not be naive about the situation.

  • Soriano

    I don't get it, I thought you didn't have to worry about clearing samples when it comes to mixtapes. Nobody is making money off the song.

  • Anonymous

    Get your money (Get your money) / Fuck em all (Fuck em all) No doubt Mac stoled this. Most creative chorus ever, such and idea that nobody can figure out this on his own. I mean ... Get Your Money? Fuck 'em all? This Warm Speaker dude is a lyrical genius. And that name ... Warm Speaker! Dude is so artistic that the new Kanye album's cover should be Speaker's driving license photo!

  • nignog

    the crackers song is garbage compared to warm speakers. which was surprisingly a nice listen. i hope the whitey goes bankrupt

  • daddylongdick

    mac got confronted by the dudes who made the beat for "la la la" too, for not showing credit, the video is on worldstar.. from a beat maker's point of view you got to get your credit because thats how you make your money, from macs side.. i just think he needs to let these people be "fully: aware that he is using their samples/beats.. but bottem line they will lose to case to mac because they're fucking mixtapes you dumb uneducated mother fuckers.. u just wasted your money on hiring lawyers that have no case to fight, so if yall had your foots in your mouth before now it will be so far down your throat your ass will be giving birth to it.

    • Anonymous

      All mac miller fans are lawyers.....

    • Anonymous

      Fully aware means sending paperwork where the original composer gets credit for the placement and agrees to waive the fee, not a Twitter "shout out". And before you call someone dumb, Mac has made a good amount of money doing Kool Aid And Pizza live. You are still stuck on "it's a free mixtape" and cannot put two and two together.

  • wolfman

    Jesus, someone take the drugs away from this kid. He's going to be in rehab before he gets fired from a reality TV show.

  • Marcus

    I understand both sides of the argument, but one thing i still dont understand is where these dudes come with the 10 mil?! I mean ya sure Mac miller did perform those songs and even with the success of BLue SLide Park theres jus no way he couldve made that much Unless ofcourse they sue him for 10mil boping to get atleast 1 mil out the lawsuit But im still confused, can some one explain how they came up with 10 mil

  • Jaediggity

    The problem here does not reside in the simple fact that he sampled the song. Or that he rapped over this song without changing anything, if that was the case. The producers suing Mr. Miller are suing because he uses these songs during live show. Kool Aid and Frozen Pizza was what many believe to be the final piece to the puzzle that put Mac Miller in the National spotlight. Every night he performs it in the closing stages of the his live show. When fans go to a mac miller show, they expect to hear Kool Aid and Frozen Pizza. Now, when a kid is doing 100+ shows every year, he is profiting heavily from Kool Aid and Frozen Pizza. Now, I'm not sure about Fuck em all because I have not been to the Macadelic tour, nor have I listened to Macadelic the mixtape. But if the producer of Fuck em all, feels like fuck em all is an important piece of The Macadelic Tour puzzle, and was not offered any compensation for the making of the record, he will and is capable of suing for profiting each night from one song. Right or wrong, the moral of the story is.... It sucks to be hot in the game. When you are a nobody and nobodys fucking with you... Nobody cares. When you have people listening to you, and you are making money. You have to step a little tighter, and handler your business like a grown man, and not like a ..... K.I.D

  • Anonymous

    10 million. only in america. fucking loser

  • Daniel Beaulieu

    I don't know where some of you guys get your facts... "Hip 2 Da Game" was not released on Wild Pitch. Finesse hasn't released an album on Wild Pitch since his debut in 1990. The Awakening was released on Penalty Recordings, which was a subdivision of Tommy Boy...

  • epinz

    50 cent, dip set, d block, roc a fella, wu tang, mobb deep, re up gang, wiz, kendric lamar, fab, ect.. have all performed songs off of mixtapes from other peoples beats..if eveybody wanna sue the lil white boy, then sue all them nggz too cuz they doin/done the same thing...and before yall get at me about wu and mobb, rememeber live 95 mixtape and all the clue tapes where they would rap over other nggz beats...shit, 50 made his career off that. if nggz could sue and win over this type of shit, it woulda been done a long time ago...nggz pickin on a lil white boy smh he might be whack, but at least he know the culture. half yall didnt even know who lod finesse was until he sued mac

    • Anonymous

      If this was the case epinz, Flash would be sued for his live show mixtapes where he was spinning and scratching records that weren't cleared. It's a "henceforth on" attitude. Best believe whomever "freestyles" over the hot beat of the week, the one who made the hot beat gets royalties for these website postings.

  • BL

    He better not lose either of those lawsuits, those mixtape songs not album cuts, those other guys are just trying to make some easy money.

  • Mac Killa

    A quote I heard in this "Fuck 'em All" song: "I could lose it all to show 'em I'll get rich again!" Guess it's time to prove it, Mac.

  • Anonymous

    "He just signed a 7 million dollar contract with Pepsi brand (Mountain Dew)" After taxes, that's three and change. Still alot, but even one lawsuit would bankrupt him.

  • Anonymous

    "Lord Finesse's song was released on Wild Pitch/EMI" But it's not quite that simple. Were not talking about some Elvis Pressly song that sold millions. Finesse's song probably hasn't earned the label a dime in years, so where does Finesse come up with $10 million? It's one thing to want credit where credit is due, and to even expect some compensation as needed, but usually the people sueing are riff raft who either had a little shine then fell off, or a never was. Other people's beats get jacked all the time. Doesn't mean you deserve millions because Mac Miller's people didn't clear it with the person first. Even if they had, how much you want to bet they'd still sue?

  • Anonymous

    I would understand if it's going to be an album song but these folks are suing over mixtape free tracks... These fuckers

  • Anonymous

    This is bullshit. This is what the culture is which is appropriation. If all of this takes place, then everyone will stop sampling songs and the new generation won't be connected to the past in music in general. Mac and lupe and all of these folks sample classics as to pay homage but these folks just want to get paid because they aren't hot more or their money is low. What the fuck do you want these artists to do? Pay y'all for them to spit a freestyle or a song on an old used beat? These greedy bastards. This is apart of hip hop music! These clowns man....

    • Anonymous

      Paying homage is bringing out Lord Finesse during a show and letting him spit his original verses. Paying homage is having Lord Finesse in the official video. And what makes you think Mac's fan base knew that song was from Lord Finesse? There is proof online about how people were naming the actual sample and not Lord Finesse's version. The older heads learned from Biz Markie's experience. Perhaps the newer fans will learn from Mac's. LEARN THE BUSINESS.

  • MightyMike27

    You do know that almost every hip hop song in the history of time has sampled some other song, at least the dope hip hop tracks lol "All hip hop is is taking old people's music and making it dope" -Kanye Create and make your own sound? Do you guys not know what hip hop is? Where it came from? Scratching up your dad's records? lol From fucking Premier and 9th to J.Cole and Charles Hamilton lol...these guys sample shit and make it ill as shit. Whether an album or a mixtape..that's what hip hop is, dope beats, clever real rhymes.. I guess the issue is getting permission? idk. Lord Finesse and Cold Speakers just trying to get paid. The Oscar Peterson Trio should sue Lord for sampling "Dream of you"..if he wants to play that game.

  • Anonymous

    ...Daaaamn!!!...You have to get permission on a Mix Tape???!!!...Chages teh Game for independent artist!!!...Fuck it!!!...Be Original!!!....Mac Miller is dope with his rhymes, but he jack too many beats without permission!!!...This is like the 3rd or 4th situation about him jackin for beats!!!...Just make original beats!!!...

  • Anonymous

    wack miller this kid is a disgrace to white rappers such as eminem he should be out of the game by 25 same with machine gun kelly he is horrible and chris webby should just stop doing what hes trying to do. def jam should be ashamed of signing asher roth the dude sucks and doesnt even fit in the game no body will ever be like eminem or sell like he does people need to realize that all these wack white rappers are hurting the game more than helping it

  • Pay up

    Man, fuck a mixtape. Create your own music and sound and then you don't have to deal with this. Give your OWN music away for free if you want, so be it. I could see if cats were just freestyling (off top) over other peoples tracks/songs, but damn... they're taking someone else's skeleton and putting their shit on top of it. That's never been cool in the industry. And money IS being made off this process, make no mistake about it.

  • nick08

    I was never big on Mac cause my friends were too obsessed with this nigga,but macadelic was a good mixtape straight up.Good lyrics and good production,especially since i was thinking it was just gonna be another blue slide park

  • Anonymous

    Two people on here see the reality. Rostrum Records has Taylor Gang, Wiz Khalifa and Juicy J. Still think they do not have access to 20 million? They are marketing Mac as the backpacker dude who's on an independent label and just likes to rap when Mac has access to Atlantic Records and Fontana Distribution and is in a circle with major rappers. "Yes, he made a mixtape and its free, but hes not being sued for making a mixtape iTs for not getting permission for using copyright material and making money performing the songs" ^ this is reality as well. Atlantic Records is a part of Warner Music Group. Warner purchased the PUBLISHING from EMI. Lord Finesse's song was released on Wild Pitch/EMI. Seems like Mac thought he was taking a beat and figured since he gave a Twitter shoutout, all was good. Kudos for this guy copyrighting his music.

  • Brad

    You don't need permission if it's a mixtape. This "Warm Speakers" guy does not know about the music industry if can't understand Mac Miller did not have to ask to use the beat.

    • Anonymous

      There are over six You Tube videos of Mac performing Lord Finesse's song at the House Of Blues all over the country. Before I say anymore, are you truly well informed about this situation?

  • mcr

    I dont think you understand- mac miller is on a world tour making money off the money that he stole from other artist. Yes, he made a mixtape and its free, but hes not being sued for making a mixtape is for not getting permission for using copyright material and for making money performing the songs.

  • cool music

    i always download his new shit hoping it will be simular to K.I.D.S and it just gets progressively worse each time. *sigh*

  • d

    Such BS. I hate the guy but if people like Q can get away with using the T.R.O.Y beat or Bonita Applebum then he should be able to also.

  • Anonymous

    It's one thing for someone to sue, but for $10 million? What harm did Miller do to him by using it? Mixtapes jack other people's beats all the time. It's almost expected.

  • keepit100

    Sue this faggot, get this cracker the fuck out the music industry. I wish the same could be done with Em too many crackers ridin his dick callin him the GOAT GTFO. The only reason white rappers are relevent are cuz all these crackers hype em up like crazy.

  • Anonymous

    mac miller is white? when the fuck did this happen?

    • Anonymous

      yes in america he is white. Just like a dominican or hatian is black. They just speak a different language. If you are Jewish you are with white people.

  • Anonymous

    The death of the mixtape... Good riddance

  • jg

    Mac Miller makes good musice...but come on man I don't think he has earned $10 million in his entire career yet. Give him another 5 years maybe.

  • BLACK

    MAC MILLER SOUND LIKE A CONSTIPATED LIL WAYNE ON THAT SONG... ANYBODY CAN SAY "GET YOUR MONEY, FUCK EM ALL" WTF! THAT WARM SPEAKERS SONG IS KINDA DOPE THOUGH, MUCH BETTER THAN MAC MILLER'S SONG!

  • Anonymous

    Mac's label is distributed by a major label. You cannot take the "Shadowboxing" beat and call it "I'm Paid" on a mixtape, tour the country performing it whilst getting paid to do so and sell it on iTunes. KRIT's last mixtape was sponsored. K Dot received a cease and desist for a song he was performing.

  • RC

    It's not a mixtape if you sell the album, including through online outlets. This guy is a signed artist but has been parading himself as the "unsigned kid" type that just want's to have fun. Well its starting to catch up, just compensate the people that produced the beat and you wouldn't be in so much shit. There are some rules in the music biz and ignorance doesn't exscuse you from them.

  • Anonymous

    MIXTAPESSSS, DUDES IT WAS A DOPE ARTFORM!

  • Anonymous

    its a fucking mixtape man..y'all going to destroy the mixtape scene with lawsuits and shit and i dont like mac miller expect for kids after that he got whack

    • Anonymous

      No it's people like Mac who are destroying the mixtape game that has been around since Grandmaster Flash. Mac is a signed artist, he has money to pay for music. He's on Bandcamp and Soundcloud taking people's music and putting it on a "free" project while he's doing shows with that music and getting millions of internet hits which make money.

    • BLACK

      WHAT ARE YOUR EXPECTATIONS FOR THE KIDS??? TO GET WACK???

    • Anonymous

      good. they need to destroy the mixtape scene. the industry is losing way too much money from people giving away free music.

    • NapalmBrain

      good mixtape scene is fucking whack, most of the rappers are straight not talented. It's also 75% filler garbage not worth hearing, id rather listen to a proper album anyways. Hope both lord finesse and this other cat win, would like to see this guy have to drop out the game

  • Anonymous

    can wack miller pay this? isnt he still independent? hes probably signing with someone soon. cause he has two 10 million dollar lawsuits aimed at his dome piece Lord finesse held it down with big L just because mac miller idolizes big l doesnt mean he can jack peoples beats without giving them props and put it on any free mixtape atleast send the dudes a shout out.... he hears these songs and just thinks he can spit on anyones beats his mixtapes are wack the only thing he has going for him is 15 and 16 year old middle school drama queens dont support this dude i dont get how he can chill wit killa cam

  • Hip Hop

    I watched a special about all of these hip-hop producers wanting to get rid of all these copyright laws and have the ability, flexibility, and freedom to create music that expresses what's going on in their culture or lives without consequence. As soon as one of these rappers has to pay millions on a mixtape song, there are going to be a lot of problems and artists might have to start paying through the roof on samples to try and provide free content. Artists such as Big K.R.I.T. who says most of his free releases contain samples of music he couldn't pay for; will be screwed. If he performed any of those songs live or if he gained sponsorship or any deals because of one mixtape song, he'll be screwed. We'll have to see how this plays out.

    • Ama Hussla

      if you make beats for lil b you don't sample. so no need to worry

    • based landlord

      yeahhh i thought about that...if this turns out to be a new trend (god i hope not...) then KRIT and other artists that have made a name for themselves through free mixtapes are going to be absolutely FUCKED. this is such BS though...he didn't jack the beat, he sampled it and turned it into a new beat just like about every other mixtape that has come out in the last 10 years. i make beats for Lil B. i'm scared

    • 559

      copyright criminals on netflix

  • Anonymous

    You dont. If they were on a mixtape he has nothing to worry about. ^ I don't know about this song, but the music he took from Lord Finesse, Mac toured off of it (You Tube videos are out there), and it was on iTunes and Amazon, which means HE MADE MONEY.

  • Lol

    The beats sound so fucking similar

  • Anonymous

    I knew this shit would happen. Thank you Lord Finesse for helping to destroy the mixtape scene.

  • Aaron Boma

    hahahahah this song if for FREE on Warm Speakers band camp............ wow...

  • Skoot

    The beats sound similar tho

  • Skoot

    He just signed a 7 million dollar contract with Pepsi brand (Mountain Dew).. I know it's not 20 mill but I'm saying dude finally is paid.. Am i the only one who didn't hear the content in question in this lame ass dudes song though?? Just listened, did not hear Get ya Money, Fuk em All.. at all l0l

  • Anonymous

    FUUQQ YEEZ MY NIKKAS FINALLY IT HAPPENED - JUST GOT A NEW RIDE - A CAM A RO CONVERTIBLE.GOT APPROVED FOR 26 LARGE. BEEN 5 YRS SINCE IVE GOTTEN SHYT APPROVED, BUT NOW ALL MY CRE-DIT SHEET GONE. ALL OF IT. IF YOU STRUGGLING WITH THAT CREDITT HISTORY ISHH, GET RID OF ALL DAT TODAY - CALL THESE PEEPS AT 8^8^8-9-2-7 -3-3-5-6. . THEY DO AMAZING WORK AND THEY ARE CHEAP AS FUQQ. GOT RID OF ALL MY SHYYT IN NO TIME. MY HOMEBOY WAS IN THE GUTTA TOO, AND HE CLEANER THAN ME NOW-gettin a condo!! Hit em up - THEY WILL HELP U!!

  • Anonymous

    Karmas a bitch! hahahahaha

  • Anonymous

    these guys are delusional if they think mac miller got 20 million for their broke asses

  • Anonymous

    lololol this kid cant catch a break, gonna be broke for life

  • OUCH!

    20 Million lost is bankruptcy and more for mac miller lol Let the kid do his thing, its a free mixtape. all he gotta do is give credit where credit is do

  • OUCH!

    I thought you didn't have to pay for beats on a mixtape...

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