In October, legendary musician Syl Johnson sued Kanye West and Jay-Z for illegally using portions from his 1970s song “Different Strokes” on “The Joy,” a bonus cut from the duo’s Watch The Throne album.
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It’s an allegation that the two rappers have stayed mum about, until now.
Jay and Kanye don’t deny using “Different Strokes” —in fact, they actually don’t say if they did or didn’t. What they are saying is that it’s irrelevant if they used the sample because Syl’s song was recorded before 1972, and it’s not protected by federal copyright laws.
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Carrie Hall, the attorney for the duo filed this:
“Any claim based on the alleged use of Plaintiffs’ recording is is barred because, inter alia, (a) the allegedly copied portion of the Plaintiff’s recording is not part of the musical composition; and, if it is part of the composition, (b) is not protectable and/or (c) any use was de minimus.”
Syl tells a different story. She claims that Kanye originally wanted to use “The Joy” on his fifth solo album, My Beautiful Dark Twisted Fantasy, but he was denied.
He then threw “The Joy” on Watch The Throne without bothering to clear it.
After failure to clear a license for the sample on one album, West’s use of the sample on another album without permission was said to be an example of knowing and willful misappropriation.
Syl even said that Kanye wanted to make some peace, but he wasn’t having it.
“[Kanye] said he wanted to meet with me and apologize — since I sued him — but I didn’t sue him to be smart,” added Johnson. “I sued him because that’s the right thing to do man. I’m a musician.”
SOURCE: Billboard Biz
