Tag Archives: Harlem Shake

Baauer is being sued… yawn.

Baauer

Baauer

Ok so these guys Héctor Delgado and Jayson Musson are suing Baauer because he used their vocals in his insanely huge viral sensation “Harlem Shake” (not surprising…).

Musson was a member of a group called “Plastic Little” who is suing over the song called “Miller Time” (sample found at 3:55).

Baauer himself confirmed that he used “Miller Time”.

Delgado is an artist and producer and is suing over the song “Los Terroristas” (sample found at 0:24). There’s a complicated story on how he got a hold of this sample, but whatever…

I guess Musson changed his mind though because according to Fader magazine, he was totally fine with Baauer using it. Wonder why he changed his mind? Maybe the thought of earning some easy cash?

What I find hilarious about Musson suing over their song is that “Miller Time” itself samples at least one song that is immediately recognizable. The whole song relies on Melvin Bliss’s – Synthetic Substitution. It’s one of the most famous drum breaks ever. Who knows about those horns… probably sampled as well. I’m not a sample clearance expert, so I can’t tell you if they cleared that sample or not… or if it’s even required to. As far as I know, The Amen Break for example is free to use (correct me if I’m wrong).

The point is: when you are suing someone for sampling your music, and you sampled someone else in your song… regardless of if you cleared it or not, I find that super-extra-lame. My yawn comes because even if Baauer has to give away some percentage of his share, a huuge portion of his income is not coming from the sales of the single, but his heavily priced and undoubtedly sold out shows. No need to sweat. But hey, if you do sample someone and plan on making money with the song, might wanna go and clear your ish before you release it!

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