{"id":401,"date":"2012-06-06T00:50:07","date_gmt":"2012-06-06T00:50:07","guid":{"rendered":"http:\/\/gisanicki.com.au\/?p=401"},"modified":"2012-06-06T00:50:07","modified_gmt":"2012-06-06T00:50:07","slug":"rapper-pitbull-successfully-sues-perth-based-dj-for-a-breach-of-moral-rights","status":"publish","type":"post","link":"https:\/\/sanickilawyers.com.au\/rapper-pitbull-successfully-sues-perth-based-dj-for-a-breach-of-moral-rights\/","title":{"rendered":"Rapper “Pitbull” successfully sues Perth based DJ for a breach of moral rights"},"content":{"rendered":"
Here is an interesting one everyone should read before “manipulating” somebody else’s music:<\/p>\n
Internationally renowned rapper Pitbull successfully sued Perth based DJ and promoter \u2018DJ Suave\u2019 for a breach of the rappers moral rights relating to the song \u2018Bon, Bon\u2019, which incidentally sampled the runaway success \u2018We No Speak Americano\u2019, written by Australian producers \u2018Yolanda Be Cool\u2019 and \u2018D-CUP\u2019 (who are credited as producers on Pitbull\u2019s song)<\/p>\n
The court awarded $10k damages due to \u2018DJ Suave\u2019 manipulating the song \u2018Bon, Bon\u2019 by putting in an \u201caudio drop\u201d of Pitbull saying \u201cMr 305 and I am putting it right down with DJ Suave\u201d<\/p>\n
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<\/p>\n
The judge said that DJ Suave infringed Pitbulls \u201cmoral 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\u201d<\/p>\n
Read the full judgement:<\/p>\n
Perez & Ors v Fernandez [2012] FMCA 2 (10 February 2012)<\/p>\n
http:\/\/www.austlii.edu.au\/au\/cases\/cth\/FMCA\/2012\/2.html<\/p>\n
<\/p>\n","protected":false},"excerpt":{"rendered":"
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 \u2018DJ Suave\u2019 for a breach of the rappers moral rights relating to the song \u2018Bon, Bon\u2019, which incidentally sampled the runaway success \u2018We No Speak Americano\u2019, written by Australian producers \u2018Yolanda … Continued<\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[5],"tags":[],"class_list":{"0":"post-401","1":"post","2":"type-post","3":"status-publish","4":"format-standard","6":"category-news","7":"entry"},"acf":[],"yoast_head":"\n