Throwing Rocks at The Throne ⁰

by Langston • Uncategorized • Tags: copyright, Jay-Z, Kanye West, Sound Recording Act of 1971, Syl Johnson, Watch the Throne

Soul singer Syl Johnson recently sued Kanye West, Jay-Z, Def Jam, and Universal, claiming that portions of his song “Different Strokes” was used on the Watch the Throne song “The Joy” without any clearance, credit, or compensation. According to Billboard Magazine, both Kanye and Jay will not admit that “The Joy” samples Johnson’s work. Much more interesting, however, is West’s lawyer’s suggestion that Johnson’s song may not be subject to federal copyright because it was recorded prior to 1972.

Prior to 1972, sound recordings were not subject to federal copyright law, but were regulated by state law and torts. The Sound Recording act of 1971 extended federal copyright protection to recordings fixed on or after February 15, 1972. According to the act, pre-1972 recordings, like Johnson’s, are not federally protected but remain governed by state common law and statutory provisions.

The federal copyright status of pre-1972 recordings continues to be the subject of much debate and conflict. Last year, Universal Music Group sued music streaming site Grooveshark over streams of its pre-1972 catalog. They argued that because this material was not under federal copyright regulation, then it could not be subject to DMCA safe harbor protection. In response, copyright attorney Joel Kellum created a list of 11 reasons why federal copyright does apply to pre-1972 music.  Kellum’s list, while compelling, offers nothing concrete.

If approached from this copyright angle, the Johnson/West case could have for reaching implications for musicians, labels, websites, and fans. What it highlights is the need for clear-cut, federal copyright legislation that governs all musics irrespective of production date.

Here is a pretty good article the Federalization of Pre-1972 Sound Recordings.