H.E.R. has reportedly been hit with a multi-million copyright infringement lawsuit for her 2016 single, “Focus.”
According to The Jasmine Brand, songwriter and pianist Andre Sims has filed suit against the singer along with the song’s co-producer Darhyl “DJ” Camper, co-writer Justin Love and Sony Music Entertainment for allegedly sampling his song “Endless Minds” without compensation.
In a letter, Sims points out an interview where Camper even credits “Endless Minds” for the song’s inspiration.
“I’m on Instagram, I’m scrolling…and then it’s a guy that I follow – crazy piano player,” Camper says in the undated interview. “He had did this – it’s like a little warmup he had. And I’m like, ‘Man, this is crazy!’ And it’s kind of similar to like the ‘Focus’ melody so I took that and it inspired me to play it like that, change it a little bit, put a beat, slow it down…BOOM!”
Sims noted he’s allegedly been trying to get in touch with H.E.R. and her team for months to no avail and wanted to avoid court.
“I had hoped to avoid court and a heated public outcry, but after months of trying to get them to do the right thing, they left me with no other alternative and my fans want me to fight back for what is rightfully mine in this copyright to the song,” he wrote in the letter.
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He’s suing for $3 million for copyright infringement and injunctive relief, and wants the court to require the defendants to create a constructive trust to hold royalties along with an accounting of all the song’s profits.
The news comes on the heels of H.E.R.’s critically-acclaimed performance of “America The Beautiful” at the Super Bowl, and as her song “Fight for You” from the Judas and the Black Messiah soundtrack is in conversations for the 2021 Oscars.
Compare both songs below.
Oooooooh…BUSTED
damn, snitched on himself
I absolutely love h.e.r. But she need to go on and pay that man. All the evidence is right here lol.
i swear wenever a black artist makes it big with a new song, its always stolen. pay ur dues and ull avoid this. easy
Stfu .. white artist actually steal whole
Genres of music and have yet to really pay up … dick rider
Generalisations help us all out twits
I agree wit u on that…if it wasnt for hip hop using samples a lot of older music would b forgotten and yet rappers get sued just the same… heres a middle finger double scoop 2 that Top mofo??
White people have yet to pay us for all the rock and roll they stole!!!!
Yeah, they gonna have to run that check.
Unfortunate
Pay that man his money. Rounders.
I’m pretty sure its not a sample if the producer recorded it over himself. Its a sample when they take the actual music and use it without permission. In any case he was credited with the inspiration!
I’m no lawyer but I’m pretty sure that it has to sound a lot closer than that. It’s similar but not the same. Going to be hard to push for a settlement on this one.
Uh, she needs a new producer if he thought this was going to just fly. Pay that man…lesson learned I hope.
I’ve just listened it once an it sou
I mean 5 years later tho ?
“He’s been trying to reach out for months” we’re talking yearssssd later tho ???
I’ve just listened to both versions once an they both sound more or less the exact same except the one that is causing all the fuss all about the place has a slight difference tempo an drum bass kicks throughout that is distinctive obvious alongside an drum slair.
You can’t really blame H.E.R coz when she heard it in the studio for the 1st time she wanted to simply lay her vocals down on it.
I think she probably was spiritually connected to it i definitely can tell that in her execution.
And realistically speaking what artist worldwide actually question their own producers when they listen to hundreds of tracks in the studio from the offset on hours on ends all day an every day?
Her management team could of solve this issue privately but basically chose to blank the original composer. The producer knew i feel what he done coz both tracks are practical the same an he didn’t even sampling the original although he did mix up a bit which was kinda average.
Im gathering the producer thought the track wasn’t going to make a big impact l.o.l.
So therefore they may have to pay out something but I doubt very much the original composer will ever get 3Mi an may only walk away with something like 250k if that coz let get real ere if H.E.R talent never made that track that big who really would actually give two hoots about it.
Errrrrr nobody on this planet…
Copyright afringment is that serious especially if your a superstar using randomly a staving hungry artist material which really in this case its was H.E.R AnR total fault.
Anyhow I’m just saying…
So believe it or not what he is asking is measured and reasonable and could have been avoided. He could get every dime and more. All the evidence needed is clear as day. A confession and the 2 recordings. The producer didn’t even bother to change the key of the song so you can hear every note and melody that is the same. Its obvious that Sim’s idea became the track for Focus. They didn’t have to use his recording. He has proof that his idea was used in creating this song. All the producer had to do in the beginning was contact this Black man and say “Hey Bro love this piece can we buy the rights to use it or include you in the royalty splits of this song. Would be even crazier and great publicity to have him play the piano in a video with H.E.R. or live on stage once or twice. But we don’t do good business all the time. The man recognizes his own idea and reaches out and you act like you don’t hear him. Now you have created a law suit for your artist.
Truth is 99% of all the “new” music you hear is a mix of hit songs and other good ideas that have been recycled. The best way to make a hit is to take something that’s already a hit and start there.