Kanye, Common, Method & Redman sued over jazz sample

Here's the worst pitfall of hip-hop producing—creatively re-purposing intellectual property always carries the risk of a fat ol' lawsuit from a sampled musician. In the latest case of rap sample litigation, it's the estate of a dead musician claiming punitive damages for sampling without permission.

Kathleen Firrantello is the daughter of the late Joe Farrell, a saxophonist best known for playing alongside Chick Corea in jazz fusion supergroup Return to Forever. Firantello filed a suit on May 22 against superstar rappers Kanye West, Common and the Method Man/Redman tag-team, seeking $1 million for using her father's composition "Upon This Rock" without proper clearance. Her suit also includes the rappers' respective record labels, and orders that no further copies of the song be "made, sold, or performed."

The offending songs? Kanye's "Gone," (from Late Registration), Common's "Chi-City" (from Be), and Method & Red's "Run 4 Cover" (from Blackout!). Listening to iTunes samples of all three tunes, the one element that binds them together is a stuttering drumbeat composed of bass and snare taps.

According to The-Breaks.com, these aren't the only three songs to use that beat or other elements from "Upon This Rock." The website tallies 14 occurrences of rap artists sampling from the song, not including Kanye or Common. That list includes A Tribe Called Quest, Will Smith, and Black Sheep (twice, on the same album). Whether these artists received proper permission from the Farrell estate (or just aren't prominent enough to go after in a lawsuit) remains to be seen.

This legal tiff represents the latest in a decades-old debate between hip-hop artists and the musicians whom they sample. Producers see sampling as a form of homage, while the sampled artists often view it as intellectual theft and unoriginal musicianship.

Where do you stand on the issue? Chime in below in the comments section.

Related links:
Joe Farrell on the All Music Guide
Cover Story: Kanye West: Pomp and Circumstance
News: Common set to release Invincible Summer on June 24

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