Kanye West

EXCLUSIVE: Kanye Hit With $500,000 Lawsuit Over Sample


(AllHipHop News) Hip-Hop star Kanye West is the subject of a lawsuit over an illegal sample contained on a 2006 mixtape.

Robert Poindexter filed a lawsuit against Kanye West in the United States District Court of Southern New York, on March 27.

Kanye is being sued over the song “Girls Girls Girls (Remix)” on the mixtape “Freshmen Adjustment 2.”

Robert Poindexter claims that Kanye’s track contains an illegal sample of the song “Trying Girls Out” by R&B group The Persuaders.

The lawsuit claims that Kanye knew the sample was not cleared, because he used a cleared version of the sample on “Girls Girls Girls” on Jay-Z’s 2001 album The Blueprint.

“I have offered to resolve this matter out of court with Kanye West,” Robert Poindexter said. “But in response, he has refused to even discuss any ‘out-of-court’ resolutions whatsoever. Nor has he provided any evidence that he is demanding others to cease and desist from selling the illegal version.”

Robert Poindexter achieved fame with The Persuaders by singing the 1971 hit song “Thin Line Between Love and Hate.”

Robert Poindexter seeks $500,000 in damages from Kanye West.

Check out copies of the lawsuit below:

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  • therealest1

    Lawsuit shit.

  • Rick D.

    pay that back to the game 500,000 aint shit to yeezy… Soul artist mad whim half his fortune… pay it off and get it over with.

    • ItGoesDownINtheDM

       500k to pay off something that isnt benefiting him in no way is obviously hurting his pockets cause if it wasnt he would had paid this bill ….. nobody money is unlimited … this is how rich folks go broke … being sued, buying expensive homes, cars, jewelry, expensive vacations, nite life, transportation cost etc…. those millions you make a year easily starts to turn into money to PAY OFF DEBT !!!!!!!!!!!

  • Smashit

    I thought you could use any music you wanted on a Mixtape??

    • Guest

      You obviously need to go to school.

      • Smashit

        Right so I can be a weed-head like you

    • ItGoesDownINtheDM

      any content that is 75+ years old goes into the free use pool .. until then its totally up to the courts … its doesnt mean you infringed but its enuff to get you caught up in front of the  judge to decide …….

      • Smashit

        Thx

  • rep87

    They will get some money out this lawsuit. Kanye up there with AKA colors on

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  • Aaron Davis

    if was a mixtape, isnt the song free? They can only sue him if he’s profitting off of their sample.

    • The_REAL_realtalk

      You ever read the FBI warning before you watch a video?  Its called “Illegal Distribution”. It’s the same as shared music on the web, which is illegal.  People think since they made no money that they are good.  But it’s not true.

      • Aaron Davis

        if this guy wins this case based off of these facts, than producers need to start suing every rapper lol Becuz most mixtapes use beats from popular songs and none of those artists pay anything to the person who produced the beat..Im feelin this case will be thrown out

      • ItGoesDownINtheDM

         funny thing is they dont care about those artist they only going for kanye cause he actually has a chance of getting some $$$$$ before its all said and done 500k is a reach but he may leave with 100k or more … these kind of guys would never go after a Papoose or other mixtape circuit guys … but i bet if Papoose dropped an album that sold 8million+ copies they be thumbing thru his catalog like crazy just looking for an infringement lol …… like they say MORE MONEY more PROBLEMS !!!!!!!!! lol 😉

      • Aaron Davis

        so y isnt any1 going after Wayne?(sorry4thewait he used every1 else’s beats) or even Drake’s past mixtapes? Dis has been goin on forever w/lots of rappers. It aint jus Kanye who’s been doin this

      • neither sorry 4 the wait or any of drakes mixtapes besides so far gone were sold for profit. it seems like everyone on this site is just really stupid. there’s a difference between online mixtapes sold for profit and ones for free. everyone samples, and i doubt everyone gets the clear before they use that sample on mixtapes.. thats fuckin music, get the hell over it

      • You don’t know what your talking about. Distribution from profiting is against the law. You can use the song however you want. Its only a problem when you PROFIT from someone s else work. Kanye had to make profit from this song or mix tape for this to stick. The guy is just looking for a go away present.

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  • Smitt Spit

    As if Kanye really gives a F*

  • LetsBeRealpeople

    If $500,000.00 wasn’t nothing he would have paid or made the matter right already and we would not  know about the back and forth. Maybe he needs a loan off his “benz’s benz” and this is just evidence to a small crack in his zirconia. Money ain’t money unless you know how to use it.  Then there is the publishing rights, what respect, power and money do you have have if you can’t get it together, or in Kanye’s case refuse. Don’t have to worry about “The Man” as long as we keep letting this ish be ok. This ain’t headline, but it is a shame.

  • stark1night

    if

  • AK

    If he didnt profit off the song they have no case in court, however since it was filed kanye must of profited 

  • this is a joke it was a mixtape righhhhhht. he made no money off it maan they reaching 

  • Bobby Del Bosque

    The amount is enough to draw headlines and make a statement that it’s a matter of principal and Kayne should learn not to be so subborn.  It does not matter if it was a mixtape or a release he did not receive clearance and he knew that when he tried to use it on Jay’s record.

  • Am i the only who realized that Greg Watkins made an error saying the Blueprint Came out in 2002 when it clearly was released in 2001? homie get the facts straight you guys at AHH should know these things smh

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  •  Robert Poindexter is reaching.

    • YaheardSyndicate

      if you made a song tomorrow and kanye sampled it you would do the same thing

      • Robert already got paid for this beat when it was used on The Blueprint. Then Kanye turned around and used the same beat on a mixtape. The mixtape may be getting sales through some digital avenues, but even if he (Robert) were to get paid royalties off the mixtape sales, it would probably amount to about $13, if he’s lucky. Somewhere in this, I think there is a misunderstanding.

  • Apollo Showtime

    How is the mixtape’s version that different from the album version? just the fact that Jay-Z got it cleared for his album and KanYe didn’t for a mixtape? REACHING, they’ll reach a settlement if it doesn’t get thrown out all together. Where’s the damages, profit? There was none, take it on the chin Poindexter.

    • MLCEO

      Poindexter doesnt need to take it on the chin. Kanye has been producing for years and knows better. Every version of a release, including a free mixtape, has to be cleared or its copyright infringement. And as long as Ye is a celebrity there will always be profit, one way or another. Producers pay attention.

      • Mr. Finn

        As long as it isn’t for commercial distribution it doesn’t need to be cleared. That’s why tracks with uncleared samples drop around CD releases. It’s too loose of a connection to say that he profited from the song when it wasn’t direct. If anybody actually read the case documents it poses that Amazon and other retailers were posting the mixtape, which is the illegal part. But there’s a good chance Ye didn’t even know about that.

        Really this comes down to, did Kanye directly see money from the sale of the material. Which none of us know, which is why this is going to court.

        Publicity from the material is arbitrary, so you cannot possibly count that as a factual number (“he gained $500,000 after the low-quality, internet exclusive song got him publicity.”) 

      • MLCEO

        I can tell you are not a lawyer or at least not one well versed in copyright or intellectual property. Copyright infringement is not based on monetary gain. The only reason why more people don’t get sued for uncleared tracks is because it would cost more in legal fees then its worth, especially if its a broke unsigned artist. The type of usage or the date it dropped is irrelevant. Go back to the Frank Ocean story for an example.
         
        By the way, the case documents shown below are only a few pages from a much larger document.

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  • Roberto Ciamora

    He deserves it, all he does is sit around talking about how rich he is and still wont pay for his samples

    Sell your “Other Other Benz” and pay the people you ripped off

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  • It won’t stick

    • YaheardSyndicate

      it will stick its the law my man

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  • WillVetterGoodin

    wow…Kanye lame…then again, so is lil wayne…. why they got money, and cant pay for sample clearance…..Lil Wayne datin Baby…..He could buy those samples for his boyfriend…right?? And Kanye is on the throne or something????? Dont these people have money??

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  • Pierre Elliott

    he is a clown.

  • PopOffDummy

    Most of you have no idea what you’re talking about.  Or maybe you guys don’t friggen read.  READ THE DOCUMENTS… Ye is getting sued for selling it on Amazon… not sampling it on a mixtape.  If the mixtapes never appeared on Amazon he would not be getting sued.

    And blueprint dropped on 9/11/01…. Who in Hip-Hop doesn’t know this fact?! Why is AHH getting this wrong.  It’s like not knowing when baby jesus was born.

    • Pierre Elliott

      yeah like your name implies. he was SELLING it. Copyright law states: Once you begin making sales off of a SAMPLED product in which it has NOT been cleared; ie you can 
      get sued. He may have cleared the sample for the Gayzee song but not the mixtape.
      Once he did that, ZAP. And on another note, if you got dough and you mega braggin you deserve to get bagged. And if you had talent skill and ORIGINALITY you wouldnt be getting sued. Fool.

    • You cannot sue a first party for something a 3rd party does it is like this “if i give you 10 dollars and you turn around and give the 10 dollars away .you have to go after the offending party Kanye west has no legal right to address this clearance.

    •  The mixtape was free which means you cannot profit from it.

  • Per my entertainment law class, Pierre Elliott is correct, “[Kanye] is getting sued for selling it on Amazon… not sampling it on a mixtape.  If the mixtapes never appeared on Amazon he would not be getting sued.”

  • Pierre Elliott

    Thing is: if your nice with sampling, chopping and playing the keyboard ( with the nasty ill 
    basslines; then you doing something. But Kornye isnt nice like that. He never was, he is and will always be ego. I cant wait to drop REAL music and LYRICS for REALITY based individuals.

                                 Be Ready For:   The Dream Society

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  • thats 2 bad cuzz i think kanye is a good producer, even tho he samples 90% of the time. But ppl should focus on Lil Wayne. He stole about 5-6 songs that’s known and was sued in the millions. songs like Bedrock, Mrs. Officer, and John were all stolen songs. The Dream is a pirate too lol. 

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  • Pierre Elliott

    I never supported this type of garbage EVER!! 

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  • YALL RUMOR SECTION MIGHT’VE TURNED TO SHIIT BUT U GUYS STAY ON POINT WITH THESE HIPHOP LAWSUITS… I’LL GIVE YA THAT….

    MAYBE U SHOULD RENAME THE WEBSITE ALLLITIGATION.COM

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  • ccc sss

    this pierre elliot guy is a lame… go leave positive comments on artists you like instead of negative ones about those you dislike. im not on kanye or jayz nuts but will say theyrre some of the few platinum selling artists still putting out anything worth listening to… 

    • Pierre Elliott

      here we go again: I left cracking dudes heads on forums years ago, but you know what?
      Im back and for good reason. 

      1. Kanye isnt FULLY wack, but he mostly is.
      What makes him wack?   Lets take a look, I aint a hater. I live good already……

      From his stupid niggerish tirades, to making 3k shoes, but yet im supposed to
      relate to you cause im black?

      2nd Fool ass nigga. 

      You sound like the rest of these garbage Top 40 R&B Pop Rappers.
      At this day and time ( specially in the game ) NO ONE IS GOING PLATINUM
      maybe a SINGLE.

      But lets dig deeper into this so called Platinum Mythos:
      Why does an album go platinum?

      Well in the past it was a combo of:

      Excellent Music direction.

      Ground Breaking Genres broken or created.

      When looking at PAST CLASSIC ALBUM FROM ALL STYLES….
      What was/is the defining thing that draws people to this individual?

      Do they do this magical thing where I feel that they know my pain or somehow they are talking just to me?

      Do they do this dance that everyone is trying to do because THEY created it?!

      Is the music so compelling that it makes me re-evaluate my whole life, and they music 
      I have been listening to for the last 5 years?

      On top of that, they have an image thats so sick so un-attainable that I can only 
      watch from a distance with the rest of the other humans in such awe that our mouths 
      begin to fill with tepid pools of saliva?!!!!

      HELL NOOOOOOO!!!!!

      Cause these dudes and dudettes are FRAIL BODY.

      Frail in the head.

      Frail in the soul.

      These are so called descendants of black music and hip-hop.
      They are neither, they are frauds, cowards and wanna beez.

      In my TRUE world of black music and hip hopness, these niggas get no pass.
      I understand times change, but not the true elements of a created system, one thats based on the realities of EVERYDAY LIFE….

      Platinum=1,000,000,000 suckers you hoodwinked to get your shit sold.
      Ask Souja Boy….

      They aint consistent……

      They Need to Go/……………

      TIME FOR A NEW GENERATION……
      CAUSE WE GOT SELL OUT HOUSE NIGGAS WHO GAVE UP ON THE STRUGGLE……..

      PAC WOULDA BLASTED ALL THESE SELL OUT, DONT STAND FOR NOTHINGS….

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  • Kimberly Griffin

    up Kanye fault he’s beeen a downgrade hip hop artist to me once after he came out by 2009

  • Dang Kanye! I know you went off the deep end.. let the money get to your head and all… but you can’t right your wrongs?!?  One of your chains would’ve settled this matter… This goes to show, even when people MAKE it, that mentality never goes anywhere

  •  ADDRESSED DIRECTLY TO KW,

    “KW” Go Head Girl- Go Head Get Down.  ” GET DOWN” background vocal in GOLD DIGGER !
     

    KW  what song did you take it from?    Who is the vocalist singing the GET DOWN in the background.    Why haven’t you cleared the sample with my deceased father  DAVID PRYOR,  founder and lead performer of THE PLAYBOYS -THUNDER AND LIGHTNING band? 

           “BUMPIN BUS STOP”

     KW do the honorable thing like” GET A LICENSE and PROPER PERMISSION” to exploit my HIP HOP POP’s copyrighted musical creation.

    WHAT IS THAT??  You think you can get away it? Not going to happen!! 

    The Heirs of David Pryor & THE PLAYBOYS THUNDER & LIGHTNING
    have UNITED TOGETHER and have developed a new band called  ” A VOICE  FOR THE VOICELESS” to speak on behalf of incapacitated and deceased original creators that become victims of stolen copyright rights against pirates like you!

    KW – We are strong and we are on our way to talk you COPYWRONG  CON-YE!!

    The Heirs Of David Pryor
    The Playboys Thunder and Lightning

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