Kanye West will probably have to cough up a chunk of money after being sued for allegedly not clearing the sample used in his song "Bound 2" off of the album, Yeezus.
56-year old Ricky Spicer filed the lawsuit in Manhattan Supreme Court on Monday. He wants West to pay up immediately or pull the song.
Spicer was a member of teen R&B group Ponderossa Twins Plus One. In 1971 they released the album 2+2+1 which contained the song "Bound." Spicer was 12-years old when he recorded the hook that can be heard in West's version.
According to Spicer, he has a copyright “in the sound recording of his voice in the song.” The singer claims that he was never contacted by West or his representatives to gain permission. He first heard "Bound 2" on the radio and decided to file the lawsuit.
“Mr. Spicer’s voice is sampled exactly as he recorded it,” the suit claims.
Island Def-Jam Music, Roc-A-Fella Records, Rhino Entertainment and Universal Music Group are also named in the suit.
At this point in his career West has cleared hundreds of samples, which makes it hard to understand why he wouldn't clear the "Bound" sample because one listen to it and it immediately becomes clear that it was used in "Bound 2." It's possible he cleared it through another company because there is confusion as to who owns the rights.
According to the Cleveland Challenger, a man by the name of Chuck Brown, Sr. claims he own's the original song's publishing. Brown says that one of several labels he owned recorded the song.
Brown’s Saru Records was the parent company for Horoscope Records and Chuck Brown Music that owns everything from the name Ponderosa Twins Plus One to the songs they performed. On the album, “Bound” is listed on Brown’s Horoscope label.
Chuck Brown, Sr.
As of June 2013 when Cleveland Challenger published their article Brown had not been paid either. He blames the confusion on the late Joseph Robinson, Jr. and Sylvia Robinson, who once distributed his records through their companies Robinson Music Group and Gambi Music.
Both companies are listed in the production credits for "Bound 2" on West's Yeezus album.
Sounds like a big mess the courts will have to figure out. Listen to the two songs below.
Ponderosa Twins Plus One - Bound
Kanye West - Bound 2
Source: Entertainment Weekly
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