I wasn't trying to imply that Juan and Rick are suing anyone. My thought was
fairly incomplete now that I've re-read my post. Let me fill in the blanks:

If Missy and company had cleared the sample, then no worries there; someone
got paid, just don't know if it would be Juan and Rick or not. If the sample
has not been cleared (you'd be suprised how often this happens these days),
then there would most likely be some form of litigation to get payment on
it's useage. If it goes to court and the plaintiff named is "Cybotron", then
Rick and Juan will have to come together as Cybotron in order to file a
lawsuit. This is exactly what happened when Lisa Lisa and Cult Jam was sued
by Main Source over her uncleared sample of Main Source's "Looking At the
Front Door". The group had broken up prior to the lawsuit, but had to come
together as Main Source in order to file suit.

Hope that clarifies my thoughts.

-----Original Message-----
From: Matt MacQueen [mailto:[EMAIL PROTECTED]
Sent: Wednesday, May 11, 2005 1:03 PM
To: 313
Cc: George Jones IV - Logic7
Subject: Re: (313) Cybotron - Clear


On May 11, 2005, at 2:42 PM, George Jones IV - Logic7 wrote:

> This might be something I watch a bit closely since Rick Davis still
> uses
> the Cybotron name. Could there be a lawsuit filed to draw the two back
> together as Cybotron?

What lawsuit?   people, people.. all this wild-eyed speculation of
lawsuits... who said Missy & Co. used it without negotiating rights to
use?   Unless somebody knows for sure, there's no need to speculate ill
will that someone was ripped off here  (well, ripped off monetarily,
ha).  Rather than invent drama why don't we just wait for some news, if
there even is any, that something here is rotten.

I personally think there's every reason to think whoever wrote &
performed the original will have some rights to some portion of profits
made on the Missy track.  Missy is a HUGE artist on a major label where
sample clearance has been paramount for well over a decade on releases
like this.  It's not some shady white label bass record of 700 copies.

At labels that size there are small armies of folks whose sole job it
is just negotiating sample usage rights for artists who use such huge
chunks of landmark tracks.   So much in new hip-hop and R&B is based on
samples of obviously recognizable songs, thus the booming cottage
industry of entertainment lawyers drafting up contracts based on
acceptable use and drawing up terms of contracts in various ways to pay
the original artists/labels.  Of course there are exceptions but this
is pretty obvious territory.  It's not like a subtle snippet of Clear
was used... the backing track *IS* Clear!

--
No virus found in this outgoing message.
Checked by AVG Anti-Virus.
Version: 7.0.308 / Virus Database: 266.11.8 - Release Date: 5/10/2005

Reply via email to