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
I thought you didn’t have to pay for beats on a mixtape…
You dont. If they were on a mixtape he has nothing to worry about.
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
lololol this kid cant catch a break, gonna be broke for life
these guys are delusional if they think mac miller got 20 million for their broke asses
Karmas a bitch! hahahahaha
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!!
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
this lawsuit has 0 chance.
no way he got a 7 mill deal from pepsi, nickis deal was only for like 2 million
He is Jewish anything is possible.
The beats sound similar tho
hahahahah this song if for FREE on Warm Speakers band camp………… wow…
I knew this shit would happen. Thank you Lord Finesse for helping to destroy the mixtape scene.
I second that…the mixtape scene has been garbage for the longest time!
The beats sound so fucking similar
it’s the same beat. mac just slowed it down.
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.
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.
copyright criminals on netflix
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
if you make beats for lil b you don’t sample.
so no need to worry
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
that was quite the run on sentence! stay in school kids.
that was quite the run on sentence! stay in school K.I.D.S.
who says you need periods to comment on websites
thug life
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
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
good. they need to destroy the mixtape scene. the industry is losing way too much money from people giving away free music.
WHAT ARE YOUR EXPECTATIONS FOR THE KIDS??? TO GET WACK???
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.
MIXTAPESSSS, DUDES IT WAS A DOPE ARTFORM!
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.
took the words right out of my mouth.
Correct.
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.
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!
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.
The death of the mixtape…
Good riddance
mac miller is white? when the fuck did this happen?
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.
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.
Wow, racism is rampant on the internet.
Do black people really think that cracker or white bread is an insult? Try adding massa to the end of that statement next time nigga! haha.
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.
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.
Wat u mean Q? u mean lupe foo
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*
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.
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.
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?
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.
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
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.
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
asher roth shits all over mac and machine gun kelly dont lump him in with them
how do you even know these white rappers names? dooshbag
…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!!!…
its called a mixtape for a reason
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.
Cold Speakers got me lol
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….
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.
I would understand if it’s going to be an album song but these folks are suing over mixtape free tracks… These fuckers
i was thinking the same thing
“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?
“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.
It’d be a little less actually. Once he pays off his marketing agent. He’ll get like Two max.
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.
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.
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
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.
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…
10 million. only in america. fucking loser
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
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
again? lol
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.
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.
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.
All mac miller fans are lawyers…..
the crackers song is garbage compared to warm speakers. which was surprisingly a nice listen. i hope the whitey goes bankrupt
damn man easy with the whitey cracker shit
racist nigga
Black people do not say nignog.
u dont have to be racist about it, damn its the 21st century find a better arguement
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!
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.
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.
nas
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
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.
That really didn’t make sense. what is different, because it is a rapper? Stealing is stealing.
@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.
fuck this cracker
He is selling the cd on amazon so he defintely will be paying up. Bayleave dat plehboi!!!!!
Anyone who buys this on Amazon must be stupid because you can get it for free on datpiff. . .
What lame excuse are the wack miller apologists going to use now? The sample not being cleared by Warm Speakers lol. The irony.
uh oh
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!!//,
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.
Good
Little douche bag anyways
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