Jay Z & Timbaland Win Sampling Lawsuit against
Put Some Lawyer Money To The Side
Jay Z and Timbaland have a lot to smile about after just avoiding what could've been a Million dollar loss.
The two were being sued by a soul singer named Ernie Hines who was signed to the historic Wax Records during the 60s. Ernie claimed he was left out of millions of dollars after Timbaland sampled his songs twice.
Mr. Hines says his song "Help Me Put Out thee Flames" was used on Ginuwines "Toe 2 Toe" and "Paper Chase" featuring Foxy Brown off of his album Vol. 2...Hard Knock Life. Ernie said the superstar pair acknowledged him as the writer in the credits, but he was never compensated for his work because he is a "senior citizen (and) does not listen to rap music.
The judge ruled against last week saying Mr Hines saying
"Hines has not demonstrated a diligent or “reasonable” attempt at timely service of process," Judge J. Paul Oetken ruled. "Hines alleges only one (unsuccessful) attempt to serve Jay-Z within the requisite ninety-day period. And Hines does not allege even a single timely attempt to serve Timbaland. Such desultory attempts cannot qualify as “reasonable” efforts to effect service. Furthermore, Hines did not move for an extension of time to serve either Jay-Z or Timbaland until after the expiration of the deadline for service of process."
"The complaint in this case entirely fails to identify which elements of 'Help Me' were infringed or which elements of 'Paper Chase' and 'Toe 2 Toe' are infringing. The complaint contains only broad allegations of similarity. These 'vague and general allegations of similarity' do not suffice," Judge Oetken ruled.
Here's is Ernie's song
Here's is Ginuwine's "Toe 2 Toe" produced by Timbaland
Heres "Paper Chase" by Jay Z produced by Timbaland
I can see where Mr. Hines feels like he is entitled to compensation, hopefully, he can get a team together that can see his case all the way through in the event that he comes back with another lawsuit.