The plaintiff in the case brought in New York federal court is New Old Music Group, whose president Lenny Lee Goldsmith wrote the 1975 composition "Zimba Ku," recorded by the band Black Heat. A drum part in this song has become one of the more famous breakbeats in music history. N.W.A, Pete Rock, Kool G Rap and Heavy D & the Boyz are just some of the artists who are reported to have used it. (See here along with the music in question.)
But it's Dr. Luke who is being sued for copyright infringement for alleged use on the Jessie J song. Specifically, the similarities in the 16 consecutive 16th notes on the hi-hat cymbal, a bass drum patter consisting of two eighth notes on the first beat of the measure, snare drum attacks on beats 2 and 3, and a "ghost note" or "drag" on the snare drum at the end of the measure.
In a summary judgment motion, Dr. Luke's attorneys argued that the drum part in "Zimba Ku" is so common that the percussive elements or a combination of elements couldn't be probative of copying.
"The Court disagrees," writes Judge Ronnie Abrams in today's ruling. "While many of the individual elements of 'Zimba Ku' may be commonplace, Defendants have not shown that, as a matter of law, the combination of those elements in the drum part is so common as to preclude any reasonable inference of copying."
Are they serious? They sound nothing alike. Not to mention, the drums in price tag are being used in completely different style and genre. Since when could you copyright a damn drum beat anyway?
All the producers or artists being used, please come to Vietnam to sue the hell about of all the producers and artists here. U will make quite a lot of money