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Why 10 Ft Ganja Plant, Gibson Brothers, Booth Brothers & James Ingram Should Sue Rick Ross For Copyright Infringement

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Today we turn the tables and illustrate a few recordings released prior to Rick Ross’ Hustlin’ (2006) which also feature the lyric, “Everyday I”m.”  Using the soft and breezy music of The Gibson Brothers, gospel music of The Booth Brothers, the cannabis reggae-tinged music of 10 Ft. Ganja Plant and the sexy love stylings of James Ingram we will turn the tables on Rick Ross and illustrate why Rick Ross can be sued for copyright infringement.

I want to get back to the foolish and unwise copyright infringement lawsuit brought by Rick Ross and his attorneys.  I have no doubt that Rick Ross’ lawyers (had they not been Rick Ross’ lawyers but lawyers for someone else), with their musical knowledge and legal reasoning, could find many reasons to sue Rick Ross for his “theft” of “everyday I’m” from a few earlier artists.  “Everyday I’m,” which they’ve turned against LMFAO, could just as easily be turned against them.

For another post or two I’ll continue discussing the stupidity of the Rick Ross v. LMFAO copyright infringement lawsuit that’s appeared in past posts – March 26, 2014 and April 1, 2014.  Even though I posted that on April 1, it was not originally intended as an April Fools’ Day joke/prank/punk unless it was Freudian.

To summarize – Rick Ross’ Hustlin’ (2006) sued LMFAO alleging that Party Rock Anthem (2011) infringed Hustlin’ (2006).  Factually, the most prominent similarity between the two songs are the two (2) common and uncopyrightable words, “everyday” and “I’m.”  Rick Ross, however, cannot claim copyright in these two (2) words.  But he sued anyway.  In my April 1, 2014  post, I sarcastically (and disrespectfully) made the claim that there are even more artists for Rick Ross to sue for “stealing” Rick Ross’ words, “Everyday I’m:”

Maysa, in her song, Grateful (2008) sings “everyday I’m” at 3.04 – 3.07.

Jeremy Fisher, in his song, Come Fly Away (2010) sings “everyday I’m” at 0.25 – 0.29.

Little Big, in their song,  Everyday I’m Drinking (2013) sing “everyday I’m” eighteen (18) times.

A few recordings released prior to Rick Ross’ Hustlin’ (2006) also feature the lyric, “Everyday I”m.”  These copyright owners, using the Rick Ross standard of originality (at odds with the Copyright Law of the United States), could just as illogically sue Rick Ross for infringing their “Everyday I’m” two (2) words without permission.  To paraphrase from Rick Ross’ lawsuit against LMFAO, these artists could sue Rick Ross and claim that Rick Ross

“…copied, interpolated the lyrics, underlying music and beat of …”  (fill in the blank with each new plaintiff’s song title.

We will now illustrate why The Gibson Brothers (2005), The Booth Brothers (2001), 10 Ft Ganja Plant (1999) and James Ingram (1999)  can sue Rick Ross for stealing “everyday I”m.”

I was recently interviewed about music copyright issues at Berklee on Boylston in Boston (BOBIB) and the foolishness of the Rick Ross lawsuit against LMFAO came up.   The 45-minute Faculty Open House Clinic interview can be viewed here.

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Let’s Sue Rick Ross

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1.  The Gibson Brothers

The Gibson Brothers’ island-y escape to sunshine anthem, Sunshine, was released in 2005.  One of my favorite aspects of the song is its shifting keys.  It is in C minor until the second half of each chorus when the surprising modulation (or tonicization or temporary key change) to the very unlikey key of A minor happens. The duration of the seven (7) sections of  Sunshine (2005) are below:

Key of C minor:  0.00    Key of A minor:  1.00    Key of C minor:  1.16    Key of A minor:  2.09

Key of C minor:  2.25    Key of A minor:  3.18    Key of C minor:  3.34

But back to the “everyday I’m” issue at hand – Listen for the lyric, “everyday I’m,” which is heard prominently at the opening of the second verse of Sunshine (2005):

1.25 – 1.29  Everyday I’m (dreaming)

That’s it!  Just one (1) statement of “everyday I’m” by The Gibson Brothers but their single statement of “everyday I’m” was released before Rick Ross recorded and released his “everyday I’m.”

2.  The Booth Brothers

This performance of The Booth Brothers’ gospel song, Still Feeling Fine from 2001, contains six (6) statements of “everyday I’m.”  (There are also, from an ethnomusicological point of view, fascinating approaches to rhythm displayed by many in the audience who seem to want to clap and articulate different rhythmic points within each measure, most often not on downbeats.  Perhaps there is a predilection for beats 1 and 3).

The Booth Brothers’ “Everyday I’m (climbing)” statements are prominent and heard at least six (6) times:

0.42 – 0.44  Everyday I’m (climbing)

1.32 – 1.34  Everyday I’m (climbing)

1.52 – 1.54  Everyday I’m (climbing)

2.12 – 2.14  Everyday I’m (climbing)

2.59 – 3.01  Everyday I’m (climbing)

3.19 – 3.21  Everyday I’m (climbing)

The Booth Brothers’ Still Feeling Fine  (2001) was released before Rick Ross recorded and released his “everyday I’m.”

3.  10 Ft. Ganja Plant

10 Ft. Ganja Plant released their Top Down (1999) and it too is another of these “Everyday I’m” songs.  10 Ft. Ganja Plant’s Top Down (1999) features “Everyday I’m (working).” And, yes, Rick Ross may have copied from 10 Ft. Ganja Plant as well as The Gibson Brothers and The Booth Brothers.

1.54 – 1.57  “everyday I’m working”

10 Ft. Ganja Plant’s Top Down (1999) was released before Rick Ross recorded and released his “everyday I’m.”

4.  James Ingram

Sexy love songs.  James Ingram.  There must be hundreds of concatenations of words, “sexy love songs” and “James Ingram.”

Everyday I’m (in love)  –  James Ingram (1999)

James Ingram  –  I Believe In Those Love Songs  (1999)

1.35 – 1.39  everyday I’m (in love)

James Ingram’s I Believe In Those Love Songs (1999)was released before Rick Ross recorded and released his “everyday I’m.”

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In a future post, I might also show that The Supremes & The Temptations (as a duet), as well as The Beatles could also sue Rick Ross.  Or I might finally get to writing about bassoons, english horns and future record labels named, “Google” “Samsung,” “Nokia” and “iTunes Records.”

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Will Rick Ross Sue Other Artists For Copyright Infringement?

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Everyday I’m Verbing (i.e., using a verb)

Three More (potential) Copyright Infringement Lawsuits Over The 2 Words That Rick Ross Thinks He Owns – “Everyday I’m.”

Music of Jeremy Fisher, Little Big, Maysa and Rick Ross.

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In my post from Wednesday, March 26, 2014, I discussed the music copyright infringement lawsuit filed by Rick Ross against LMFAO reported by the Hollywood Reporter.

I mentioned the COMPLAINT filed by Rick Ross’ attorneys and especially the first sentence in the COMPLAINT that mentioned “music” or “lyrics:”

“‘Party Rock Anthem’ copies, interpolates the lyrics, underlying music and beat of ‘Hustlin’…”

I analyzed Rick Ross’ Hustlin’ (2006) and LMFAO’s Party Rock Anthem (2011) and took issue with the allegations in Rick Ross’ complaint, specifically that sentence from The Complaint.  My conclusions about that loaded sentence included:

1. Party Rock Anthem did NOT copy the lyrics of ‘Hustlin’…”

2.  Party Rock Anthem did NOT copy the underlying music of ‘Hustlin’…”

3.  Party Rock Anthem did NOT copy the beat of ‘Hustlin’…”

4.  Party Rock Anthem did NOT interpolate the lyrics of ‘Hustlin’…”

5.  Party Rock Anthem did NOT interpolate the underlying music of ‘Hustlin’…”

6.  Party Rock Anthem did NOT interpolate the beat of ‘Hustlin’…”

7.  Party Rock Anthem did NOT copy, interpolate the lyrics of ‘Hustlin’…”

8.  Party Rock Anthem did NOT copy, interpolate the underlying music of ‘Hustlin’…”

9.  Party Rock Anthem did NOT copy, interpolate the beat of ‘Hustlin’…”

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I mentioned that I had a few suggestions for Rick Ross’ attorneys, suggestions are based on the following:

1.  The infamous Rick Ross sentence –

“‘Party Rock Anthem’ copies, interpolates the lyrics, underlying music and beat of ‘Hustlin’…”

– from the COMPLAINT is  inaccurate.  In the nine (9) points above, I refute the allegations by Rick Ross.  The best but farfetched scenario for Rick Ross would be that LMFAO copied two uncopyrightable words – “everyday I’m.”

2.  Rick Ross sang “everyday I’m” in 2006.

3.  LMFAO sang “everyday I’m” in 2011 and were sued by Rick Ross because of their use of “everyday I’m.”

4.  The artist, Maysa, sang “everyday I’m” in 2008, AFTER Rick Ross.

5.  The artist, Jeremy Fisher, sang “everyday I’m” in 2010, AFTER Rick Ross.

6.  The band, “Little Big,” sang “everyday I’m” in 2013, AFTER Rick Ross.

7.  Using a minuscule degree of perspicacity similar to that used to sue LMFAO, it would follow that Rick Ross could initiate three (3) more copyright infringement lawsuits against the artists above.  As with the case against LMFAO, suspension of credibility and rationality would be an important consideration before filing these lawsuits as well.

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Let’s identify the new lawsuits that could be filed against Maysa, Jeremy Fisher and Little Big for using the two (2) Rick Ross copyrighted words,

“everyday I’m.”

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1.  Maysa

Maysa released Grateful in 2008.  Maysa clearly sings “everyday I’m” at 3.04 – 3.07.

In my opinion, Maysa does NOT copy, interpolate the lyrics, underlying music and beat of ‘Hustlin’.”  But if Rick Ross can sue LMFAO who have also not copied or interpolated ‘Hustlin’,” I would expect him to sue others, such as Maysa, who have used the same non-copyrightable words, “everyday I’m.”

To the best of my knowledge, Maysa has not yet been sued by Rick Ross.

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2.  Jeremy Fisher

Jeremy Fisher released Come Fly Away in 2010.  Jeremy Fisher clearly sings “everyday I’m” at 0.25 – 0.29.  In context, “everyday I’m” is heard within:

“Like a sparrow on a wire, singing the same song everyday, I’m feeling restless but I’m tired…”

In my opinion, Jeremy Fisher does NOT copy, interpolate the lyrics, underlying music and beat of ‘Hustlin’.”  But if Rick Ross can sue LMFAO who have also not copied or interpolated ‘Hustlin’,” I would expect Rick Ross and his attorneys to sue Jeremy Fisher and others who have used the same uncopyrightable words, “everyday I’m.”

To the best of my knowledge, Jeremy Fisher has not yet been sued by Rick Ross.

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Now Comes Big & Blatant Copyright Infringement (by Rick Ross standards)

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3.  Little Big

When Rick Ross and his imaginative lawyers hear Little Big with their loud and multiple “everyday I’m” statements, they’ll know that they are in Plaintiff Heaven as Little Big have so boldly gone where LMFAO so daintily tread.

Little Big released  Everyday I’m Drinking in 2013.  Little Big clearly sing “everyday I’m” eighteen (18) times!  Or, as Rick Ross’ attorneys might state it,

“Little Big’s Everyday I’m Drinking (2013) copies, interpolates the lyrics, underlying music and beat of Rick Ross’ Hustlin’ (2006)…”

Listen to Little Big’s Everyday I’m Drinking (2013) and one clearly hears “everyday I’m” eighteen (18) times.  If Rick Ross owns copyright in “everyday I’m” as his lawyers have alleged in their COMPLAINT, then this is the quintessential copyright infringement goldmine (“We struck gold!“) for them.

0.39  everyday I’m (drinking)

0.40  everyday I’m (drinking)

0.42  everyday I’m (drinking) (I’m drinking) everyday

0.45  everyday I’m (drinking)

0.46  everyday I’m (drinking)

0.48  everyday I’m (drinking) (I’m drinking) everyday

1.06  everyday I’m (drinking)

1.07  everyday I’m (drinking)

1.09  everyday I’m (drinking) (I’m drinking) everyday

1.13  everyday I’m (drinking)

1.14  everyday I’m (drinking)

1.16  everyday I’m (drinking) (I’m drinking) everyday

2.15  everyday I’m (drinking)

2.16  everyday I’m (drinking)

2.18  everyday I’m (drinking) (I’m drinking) everyday

2.21  everyday I’m (drinking)

2.22  everyday I’m (drinking)

2.24  everyday I’m (drinking) (I’m drinking) everyday

In my opinion, Little Big do NOT copy, interpolate the lyrics, underlying music and beat of ‘Hustlin’.”  But if Rick Ross can sue LMFAO who have also not copied or interpolated ‘Hustlin’,” I would expect him to sue others, such as Little Big, who have used the same not copyrightable words, “everyday I’m.”

To the best of my knowledge, Little Big have not yet been sued by Rick Ross.

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What do you think about these potential lawsuits for potential plaintiff (again) Rick Ross?  It cannot be denied that Rick Ross sang/expressed “everyday I’m” before LMFAO, Maysa, Jeremy Fisher and Little Big.

Rick Ross has not yet sued Maysa or Jeremy Fisher.  Maysa and Jeremy Fisher, like LMFAO, barely use the words, “everyday I’m” in their songs.

But Little Big….  In Facebook-ese expression:  Wow.  Oh.  Wow.  Little Big have intentionally, forcefully and boisterously sung the Rick Ross words, “Everyday I’m,” six times in every one of their choruses throughout their song, Everyday I’m Drinking (2013).  Based on Rick Ross’ lawyers’ logic I’m surprised that Little Big have gone unsued and unscathed for this long.

As I hinted in my previous post (Wednesday, March 26, 2014), Rick Ross may, however, be sued for his original expression in Hustlin’ (2006).

The points of these posts are simply to examine expression from the viewpoints of originality, creativity and law, and critique musical/textual/legal arguments espoused by others.  (I am not a party to this lawsuit or affiliated with any party in this lawsuit.  Therefore, I feel it is appropriate to weigh in on the matters presented above.)

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A Copyright Infringement Lawsuit Over 2 Words – “Everyday I’m”

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A Copyright Infringement Lawsuit Over 2 Words – Everyday I’m Ridiculing

Several friends contacted me via Facebook and email to ask my opinion on this Hollywood Reporter article about Rick Ross’ copyright infringement lawsuit against LMFAO.  That was nice of them as I was unaware of this lawsuit but am interested in intellectual property (IP), creativity, originality, how we evaluate expression via law, how law is used to get relief, and other subjects that interpose music and law.

I read the HR article, got the music and listened.  My first impression was that I might have the wrong music as there seemed to be not only NO copyright infringement but NO SIMILARITY.

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I then read the COMPLAINT filed by Rick Ross’ attorneys.  The first sentence in the COMPLAINT that mentions “music” or “lyrics” states the following:

“‘Party Rock Anthem’ copies, interpolates the lyrics, underlying music and beat of ‘Hustlin’…”

I have analyzed Rick Ross’ Hustlin’ (2006) and LMFAO’s Party Rock Anthem (2011).  I strongly disagree with the allegations in Rick Ross’ complaint, specifically that sentence, and  have drawn a few conclusions to the contrary:

Party Rock Anthem  has NOT copied the lyrics of ‘Hustlin’…”

Party Rock Anthem’ has NOT copied the underlying music of ‘Hustlin’…”

Party Rock Anthem’ has NOT copied the beat of ‘Hustlin’…”

Party Rock Anthem’ has NOT interpolated the lyrics of ‘Hustlin’…”

Party Rock Anthem’ has NOT interpolated the underlying music of ‘Hustlin’…”

Party Rock Anthem’ has NOT interpolated the beat of ‘Hustlin’…”

Even though I do not understand the lawyers’ use of English in the sentence above, with respect to the music contained in these two recordings (I don’t understand “copies, interpolates” as back-to-back action verbs), I have made an earnest attempt to understand what the lawyers might have meant and that has led me to arrive at these three (3) additional points:

Party Rock Anthem’ has NOT copied, interpolated the lyrics of ‘Hustlin’…”

Party Rock Anthem’ has NOT copied, interpolated the underlying music of ‘Hustlin’…”

Party Rock Anthem’ has NOT copied, interpolated the beat of ‘Hustlin’…”

There is one (1) similarity I notice between the two (2) songs, however.  Both songs/recordings share two (2) identical words.  Those words are:

1.  Everyday

2.  I’m

Despite the contention from Rick Ross’ attorneys that the songs ALMOST have three (3) words in common, there are two (2), not three (3) words in common as I will demonstrate below:

Rick Ross sings, “Everyday I’m hustling.”

LMFAO sing, “Everyday I’m shuffling.”

Perhaps Rick Ross’ attorneys think that LMFAO have copied three (3) and not two (2) words.  Perhaps they are  thinking, “Everyday I’m hustling” is the same as “Everyday I’m shuffling.”  But, to my eyes, those final words of each phrase are different words with different meanings and different spellings:

HUSTLING is spelled

H-U-S-T-L-I-N-G

and

SHUFFLING is spelled

S-H-U-F-F-L-I-N-G

“Hustling” and “Shuffling” also have different meanings – here are links to the definitions from Dictionary.com:

Hustling  (the verb used by Rick Ross in 2006) means “push or force one’s way.”

Shuffling  (the verb used by LMFAO in 2011) means “moving in a dragging or clumsy manner.”

“Pushing or forcing one’s way” (“hustling”) seems to me to be the opposite of “moving in a dragging or clumsy manner” (shuffling”).  If one person hustles and another person shuffles, are they engaged in the same kind of action?  No, they are not.

The U. S. Copyright Law was created, in part, to protect “original works of authorship.”  In my opinion, the word, “everyday” is not original.  In my opinion, the word, “I’m,” is not original.  When the words are joined to form a two-word phrase – “Everyday I’m” – they still do not form original expression.

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To “go all factual on you” for a moment – LMFAO sing “everyday I’m shuffling” (not “everyday I’m hustling”) only twice in “Party Rock Anthem.”  This three-word phrase occurs at the following two places in “Party Rock Anthem:”

2.15 – 2.16  “everyday I’m shuffling'”

3.47 – 3.49  “everyday I’m shuffling'”  (“shuffling” with a slight elongation/added syllable)

A reasonable person could conclude that:

1.  “Everyday I’m shuffling” occurs only twice in Party Rock Anthem.

2.  “Everyday I’m shuffling” is not very important to Party Rock Anthem.

3.  One had an opinion about Party Rock Anthem well before one heard “Everyday I’m shuffling” at 2.15 into the song.

4.  “Everyday I’m shuffling” is not the same phrase as “everyday I’m hustling.”

I toyed with these other titles for this post:

There’s Stupid & Then There’s Rick Ross Stupid

Rick Ross v. LMFAO – So This Is How (these) Florida Attorneys Sue

Why hasn’t Rick Ross sued Maysa, Jeremy Fisher or Little Big?

I’m glad I settled on A Copyright Infringement Lawsuit Over 2 Words.

In my next post or two on this subject, I will discuss some suggestions I have for Rick Ross and his attorneys regarding the music of Maysa, Jeremy Fisher and Little Big.  If money matters to Rick Ross and his attorneys, I imagine they’ll be thrilled at what I’ll be able to show them.  This new knowledge could lead them to new copyright infringement lawsuits and procure more billable hours for themselves and/or their law firm(s).

But the hand (silly mind) that giveth might taketh away as well as I have potentially bad news for Rick Ross.  Using the same or similar reasoning and quality of evidence, in future posts I will describe scenarios and analyze and discuss music that could negate any happy gains Rick Ross might enjoy in his lawsuit against LMFAO.  Perhaps Rick Ross himself could even be sued for copyright infringement.

The next post though should be happy happy for Rick Ross.

The points of these posts are simply to examine expression from the viewpoints of originality, creativity and law, and critique musical/textual/legal arguments espoused by others.  (I am not a party to this lawsuit or affiliated with any party in this lawsuit.  Therefore, I feel it is appropriate to weigh in on the matters presented in this case.)

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Did Big Happens Here Do Digable Planets?

I love the 1993 Digable Planets album, “Reachin’ (A New Refutation of Time And Space).”  Their big single from the album, “Rebirth Of Slick (Cool Like Dat),” might have been overplayed and overhyped but I still like it.

I love seeing how others view music that is not their native music.   By “native,” I mean this is music that is not their primary music – not the music that they first performed or were “into.”  Many in hip hop came to R & B and jazz after they were first immersed in hip hop, just as many in jazz may have started in rock, and so on.  One of the things that intrigues me is how someone from outside a musical tradition can latch onto a small phrase that might seem not extremely interesting or important to those who are the REAL practitioners of a style, i.e., musicians who are inside that tradition.  For example,  what a hip hop musician might think is important in a jazz composition can be much different from what a jazz musician might think is most important.

I know that many traditional jazz players, especially in the early and mid-1980’s, would not likely latch on to a short phrase, repeat it many times and make this small and almost “throw away” motif into something big.  This tiny melodic gesture, in the hands of an outsider (with respect to a musical tradition), could become the most important part of the melody, or sometimes the only melody that matters to someone from outside of that tradition.  This “how does a foreigner view our music” idea is one I will explore later.  I’ll include myself in this – how and why did I get into hip hop, or Senegalese, Malagasy, Brazilian or Cuban music.

All of this to get back to that famous Digable Planets song that samples some jazz.  Digable Planets were not the first group to sample jazz but this song did influence a lot of people and inform others that something new was happening.  And that this new thing was happening from the confluence of more than one musical style.

I got thinking of Digable Planets a few days ago (during Hurricane Sandy) when I saw a television commercial promoting the idea that New York state is a great place to have technology companies – that New York is “home to the fastest-growing tech sector in America.”   (Massachusetts needs a “tech is our kind of place” and “we are the [tech] champions, my friend” commercial to top New York, but I digress.)

As always, I was doing something other than watching television passively.  I must have been playing on my iPad waiting for the winds to blow harder (as they did).  I heard music that seemed quite familiar – my instant thought was that this music on the tube was a “write around” aka “writearound” aka “reference” of Digable Planets’ “Cool Like Dat.”

Fortunately, the tech commercial was on YouTube, so I lassoed it and placed it here:

Big Happens Here:  Technology

Now here is Digable Planets’ “Rebirth Of Slick (Cool Like Dat).”

Digable Planets – “Rebirth Of Slick (Cool Like Dat)”

What do you think?  Do you hear a relationship between Big Happens Here and Digable Planets?

Is Big Happens Here a ripoff of Digable Planets?

Is Big Happens Here somewhat similar to Digable Planets?

Is Big Happens here not related to Digable Planets?

I think there is a relationship.  I’d rather not divulge my thoughts but read of yours.  I’ll explain my thoughts later.  Soon.  Maybe tomorrow.  But I await your responses.  :  )