Estate of Notorious B.I.G. faces copyright dispute

It was recently discussed on this blog that electronic musician Moby had been sued over a sample used on his debut album, that was released about 22 years ago. 

Next in the line of fire regarding lawsuits over old song samples is 17-years deceased rapper, the Notorious B.I.G. According to the Hollywood Reporter, the Notorious B.I.G. had admittedly sampled a song entitled "Can't Say Enough About Mom" for use in his song "The What." "Can't Say Enough About Mom" was written by Leroy Hutson and Michael Hawkins and published in 1974. It  was sampled in "The What," released in 1994. Eighteen years later, an infringement suit is at hand.

When an artist samples someone else's work, there is usually a limit in place regarding how much of a song or a recording is permissible to use before it becomes an infringement. Artists who exceed the allowed sampling amount may end up being sued for copyright infringement. A sample may seem insignificant, but when it is used in a hit song, the potential for lost royalties can be huge. 

In a preemptive action, the estate of the Notorious B.I.G. has filed a lawsuit against Hutson saying that Hutson knew that the sample was used from "Can't Say Enough About Mom," and that it was used under fair use, accusing Hutson of copyright misuse. 

Who will emerge victorious in this case? That remains to be seen, as it will now be up to to a judge to review the sample and determine what constitutes permissible use. Cases like this illustrate how convoluted things can get when it comes to copyright. Business owners may have questions about how intellectual property law may affect them, and a Phoenix business attorney can provide counsel on how to handle these matters. 

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