Pitbull & Ke$ha vs. Lee Oskar

pitbull-lee-oskar

This one just came across my desk. Apparently Lee Oskar never authorized the use of his”San Francisco Bay” harmonica melody in Pitbull’s “Timber”. It looks like this particular case below deals specifically with international use.

Pitbull ft. Ke$ha - "Timber" (2013)
Lee Oskar - "San Francisco Bay" (1978)

Some press on the issue:

On June 25, 2014, it was reported that songwriters Lee Oskar, Keri Oskar, and Greg Errico had filed a copyright infringement lawsuit against the makers of “Timber”, which features a harmonica melody that Oskar claims is “identical” to the melody used in his 1978 song “San Francisco Bay”. The songwriters are seeking $3 million USD in damages. The lawsuit alleges that while Sony Music may have obtained permission to use the sample, which is credited in the album notes for Meltdown, from a license holder, the label failed to obtain permission from the songwriters themselves.
wikipedia

Here is some legal talk:

In copyright infringement action arising out of international release of song “Timber” by performing artists Pitbull and Kesha, district court dismisses claims against Sony Music Entertainment, which obtained license from co-owner of allegedly infringed work, but denies motion to dismiss claims that Sony’s foreign affiliates infringed plaintiffs’ work under foreign law.

Plaintiffs, the co-authors of “San Francisco Bay,” a 1978 song performed by Lee Oskar Levitin featuring a distinctive harmonica riff, sued Sony Music Entertainment and other domestic entities, as well as Sony’s foreign affiliates, for domestic and foreign copyright infringement following the international release of the song “Timber” by rapper Pitbull and pop star Kesha. Plaintiffs alleged that the song contains the same harmonica solo and melody as “San Francisco Bay” and that the “Timber” harmonica player was, in fact, specifically instructed to emulate Levitin’s harmonica riff. Plaintiffs also alleged that the domestic defendants made the song “available” to the foreign defendants, which, in turn, released “Timber” in the United Kingdom, Italy, Germany, Mexico, Spain, Canada, Australia, France and South Korea. All defendants moved to dismiss the complaint for failure to state a claim, and the foreign defendants also moved to dismiss for lack of personal jurisdiction and on the basis of forum non conveniens. The court granted dismissal of only the claims against the U.S. defendants.
– Levitin v. Sony Music Entertainment – USDC, Southern District of New York, April 22, 2015

 

Take note guys. It takes SIXTEEN (16) people to write a song these days.  Here is what is listed on Wikipedia. Lee Oskar is on there although I don’t know if that is official. But wait… look who else is on there:

Kesha Sebert
Armando C. Pérez
Lukasz Gottwald <<<< This Guy
Aaron Davis Arnold
Priscilla Hamilton
Jamie Sanderson
Breyan Stanley Isaac
Henry Walter
Pebe Sebert
Lee Oskar
Keri Oskar
Greg Errico
Steve Arrington
Charles Carter
Waung Hankerson
Roger Parker

More Kesha

Flo Rida vs. Katy Perry vs. Kesha

Kesha vs. Flo Rida vs. Taio Cruz

Kesha vs. Alphaville

Ke$ha vs. The Residents

Chrissy vs. Ke$ha

More Pitbull

Pitbull vs. Aerosmith and Run DMC

Flame vs. Katy Perry (Flame sues Katy Perry)


Katy Perry, Dr. Luke, Flame. Sorry I’m getting lazy with the Katy Perry and Dr. Luke images. I can just pull them up every other week when they appear on the site.

August 5, 2019 UPDATE:

A federal jury in Los Angeles on Thursday decided that Katy Perry and others must pay $2.8 million in damages in a copyright dispute over her 2013 song “Dark Horse.”

According to the verdict, Ms. Perry must pay $550,000, while her label, Capitol Records, owes nearly $1.3 million. Ms. Perry’s five collaborators in writing the song were also ordered to pay, including the star producers Max Martin, who owes $253,000, and Dr. Luke, who owes $61,000 personally, while his company, Kasz Money Inc., owes $189,000. – Read more at NY Times

July 30, 2019 UPDATE:

The verdict is in.

A jury on Monday found that Katy Perry’s 2013 hit “Dark Horse” improperly copied a 2009 Christian rap song in a unanimous decision that represented a rare takedown of a pop superstar and her elite producer by a relatively unknown artist.

The verdict by a nine-member federal jury in a Los Angeles courtroom came five years after Marcus Gray and two co-authors, first sued in 2014 alleging “Dark Horse” stole from “Joyful Noise,” a song Gray released under the stage name Flame. – AP

Katy Perry - "Dark Horse" (2013)

Flame - "Joyful Noise" (2008)

July 25, 2019 UPDATE:

Dr. Luke recently testified at the trial. Here are some bits via Digital Music News:

The famed producer told the court that he’d never heard of Christian rappers Gray (who goes under the name ‘Flame’), Emanuel Lambert (‘D.A. Truth’), nor Ojukwu.

Stating that he takes his work seriously as a producer, Dr. Luke testified,

“We’re trying to make what we do as great as possible.”

He added that ‘Dark Horse’ first started as an instrumental beat created by fellow songwriter and producer, Henry Walter (known as Cirkut). The eight-note melodic started off with four catchy C notes and two B notes. These, said Dr. Luke, serve as the building blocks of music.

“It’d be like trying to write a book without using words like ‘the,’ ‘and’ or ‘a.’”

Gottwald testified that he felt absolutely shocked when finding out about the ‘Dark Horse’ lawsuit.

“We take this seriously and write original music.”

Testifying about the song’s originality, Walter took the stand and told the jury,

“I consider myself to be an honest person. To be accused of plagiarism — it’s a serious matter. I was hurt by it.“

Read more at DigitalMusicNews.com

 

July 22, 2019 UPDATE:

Looks like this court case has begun.

“Wearing a sharp, key lime green suit on the witness stand in a Los Angeles courtroom, Perry – who created Christian pop music as a teenager – told jurors she plays a direct, intimate role in creating songs and music videos.”

“But Christian hip-hop artist Marcus Gray, who performs as Flame, said in his 2015 lawsuit that Perry copied the beat from his song “Joyful Noise” without permission and tarnished the piece by adding images of witchcraft and paganism in the music video for “Dark Horse.”

Katy Perry Testifies in ‘Dark Horse’ Copyright Trial

 

See the original post below:

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submitted by Matt via Facebook

Looks like Katy Perry and Dr. Luke (Lukasz Sebastian “Luke” Gottwald) are at it again. According to Rapzilla.com on July 1, 2014 Christian rapper Flame and others filed a lawsuit against Perry, Capitol Records, and Perry’s co-writers for infringing copyright on the song “Joyful Noise”. One of the co-writers here is Dr. Luke who has made many appearances on this site.

Check it out:

Katy Perry - "Dark Horse" (2013)

Flame - "Joyful Noise" (2008)

For much more Katy Perry on this site check out:

Katy Perry vs. Sara Bareilles

Flo Rida vs. Katy Perry vs. Kesha

Katy Perry vs. The Beach Boys

Katy Perry vs. Kesha vs. Miley Cyrus vs. Justice

Katy Perry vs. t.A.T.u.

For more Dr. Luke on this site check out:

Dr. Luke vs. The World

Have fun!

Flo Rida vs. Katy Perry vs. Kesha

Kesha vs. Katy Perry vs. Flo Rida

Bryant pointed out on Facebook that Flo Rida‘s 2011 “Who Dat Girl” sounds a lot like Kesha’s “Tik Tok” and Katy Perry’s “California Gurls” (both of which have appeared on this site before). I’m not sure how I didn’t catch this one before. Maybe I just thought it was the same song 🙂 .  By the way, all three of these tracks are produced by … drum roll please…

Dr. Luke!

There are numerous other Katy Perry, Kesha and Flo Rida posts on the site. Follow the links below the music.

Flo Rida - "Who Dat Girl" (2011)

Katy Perry - "California Gurls" (2010)

Ke$ha - "Tik Tok" (2009)

Flo Rida – “Good Feeling” (2011) vs. Ke$ha – “Die Young” (2012) (this is not a mistake)

Ke$ha – “Tik Tok” (2009) vs. Katy Perry – “California Gurls” (2010)

Kesha – “Kiss n Tell” (2010) vs. Alphaville – “Forever Young” (1984)

Had enough? OK, one more!

Katy Perry – “California Gurls” (2010) vs. Ke$ha – “Tik Tok” (2009) vs. Miley Cyrus – “Permanent December” (2010) vs. Justice – “The Party” (2009)