Fucking copyrights, how do they work? ICP sued for sampling without permission

Midnight Syndicate

Via Allhiphop.com  —  Goth-horror band Midnight Syndicate has sued Insane Clown Posse (“ICP”) for $2 million for unauthorized use of their music.  Most people are familiar with ICP, their Miracles (see video at the bottom of the post) and the juggalos.  Most recently, ICP has reached new levels of fame on the internet by starting the “Fucking magnets, how do they work?’ meme.  (For an indepth and amusing look at this meme check out Know Your Meme)

But, what of Midnight Syndicate?  From the band’s bio:

For the past fourteen years, dark music pioneers Midnight Syndicate have been creating Halloween music and gothic, horror, fantasy soundtracks for the imagination. Formed by composer/director Edward Douglas in 1995, their music has become a staple of the Halloween, gothic music, haunted attraction, and role-playing game industries. With a catalog of CDs that blend dark, orchestral horror and fantasy movie score-style music with sound effects, the band consisting of Edward Douglas and Gavin Goszka has had its soundtracks to imaginary films featured in everything from Hugh Hefner’s infamous Halloween parties, Barbara Walters specials and Monday Night Football to X-Box games, tracks by the Academy-Award winning rap act, Three Six Mafia, as well as concerts by dark music pioneers The Misfits and King Diamond. The music has also been featured on countless television shows and documentaries relating to horror films and the supernatural.

In 2009, Midnight Syndicate claims that they discovered the unlicensed use of their music by ICP.  That same year, Midnight Syndicate’s lawyers sent a demand letter to ICP.  But, ICP never responded.  And so Midnight Syndicate brought this lawsuit.

One way to consider the merits of Midnight Syndicate’s case is to listen to their track and compare it to the allegedly infringing ICP track.  For example, Midnight Syndicate claims that the ICP sampled the song “Raven’s Hollow,” from Midnight Syndicate’s album Realm of Shadows.  This is the Midnight Syndicate song at issue.

Midnight Syndicate claims that the “Intro” to the ICP album Tales from the Dark Lotus is direct sample of their song “Raven’s Hollow.”  Have a listen and compare the two tracks.

To my untrained ear, the sample sounds like it was lifted straight from Midnight Syndicate’s song.  Based on nothing other than listening to these two songs, I think it will take a miracle for ICP to get out of paying some damages to Midnight Syndicate.

Bonus track:
ICP’s most epic track ever: Miracles.

A copy of the complaint can be found on Allhiphop.com,

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~ by siouxsielaw on November 5, 2011.

One Response to “Fucking copyrights, how do they work? ICP sued for sampling without permission”

  1. Miracles is NOT their most epic track… In fact i hate it. Its soft and, has nothing to do with horror rap.

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