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Hines v. Roc-A-Fella Records

Record Labels, Performers Granted Dismissal of Claims of Infringement by 'Sampling'

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OPINION AND ORDER In the 1960s, Ernie Hines coauthored the soul single “Help Me Put Out The Flame (In My Heart).” Hines claims that a sample from that song has been incorporated, without his permission, into two modern-day hip-hop songs. Accordingly, Hines brings suit against four record labels, as well as the artists Jay-Z and Timbaland. The defendants have moved to dismiss on various grounds. For the reasons that follow, the motions are granted. I. Background Unless otherwise indicated, the following facts are taken from the operative complaint (Dkt. No. 13 (“Compl.”)) and are assumed true for purposes of these motions to dismiss.¹ Plaintiff Ernie Hines is the coauthor of the 1969 song “Help Me Put Out The Flame (In My Heart).” (Compl. 9.) Hines’s core allegation is that his copyright in “Help Me” was infringed by Defendants, comprising Shawn Carter (known professionally as “Jay-Z”), Timothy Mosley (known professionally as “Timbaland”), and the record labels Roc-A-Fella Records, LLC,² Def Jam Recordings,³ UMG Recordings, Inc.,⁴ and Sony Music Entertainment⁵ (collectively, the “Record Label Defendants”). Hines’s allegations center around the practice of “sampling,” which involves the “incorporation of short segments of prior sound recordings” — known as “samples” — “into new recordings.” Newton v. Diamond, 388 F.3d 1189, 1192 (9th Cir. 2004). Specifically, Hines alleges that a sample from “Help Me” has been incorporated into two songs without his knowledge and without compensation. The first is “Paper Chase,” a song performed by Jay-Z and composed by both Jay-Z and Timbaland. (Compl.

12-13.) The second is “Toe 2 Toe,” a song performed by musical artist Ginuwine and composed by Timbaland. (Compl.

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