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Rapper “Pitbull” successfully sues Perth based DJ for a breach of moral rights
June 6, 2012
  |  
Darren Sanicki

Here is an interesting one everyone should read before “manipulating” somebody else’s music:

Internationally renowned rapper Pitbull successfully sued Perth based DJ and promoter ‘DJ Suave’ for a breach of the rappers moral rights relating to the song ‘Bon, Bon’, which incidentally sampled the runaway success ‘We No Speak Americano’, written by Australian producers ‘Yolanda Be Cool’ and ‘D-CUP’ (who are credited as producers on Pitbull’s song)

The court awarded $10k damages due to ‘DJ Suave’ manipulating the song ‘Bon, Bon’ by putting in an “audio drop” of Pitbull saying “Mr 305 and I am putting it right down with DJ Suave”

Whilst DJ Suave was given this audio drop by the rapper, it was to be used for the promotional purposes of a tour that did not go ahead

The judge said that DJ Suave infringed Pitbulls “moral rights by altering the sound recording of the song to falsely represent that he (Mr Fernandez) was a subject of the song. In doing so, Mr Fernandez also misused the Audio Drop provided to him for the limited purpose of promoting an Australian tour by Mr Perez which did not take place”

Read the full judgement:

Perez & Ors v Fernandez [2012] FMCA 2 (10 February 2012)

http://www.austlii.edu.au/au/cases/cth/FMCA/2012/2.html

 

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