How can one Industry be accused, repeatedly, of stealing BILLIONS of dollars in Intellectual Property and virtually NEVER have to face a trial? How can virtually every politician contacted, in addition to law enforcement agencies, civil/constitutional rights advocates/attorneys, virtually ignore nearly 4 years of campaigns complaining about the denial of everyday, working class citizens' Seventh Amendment, Constitutional right to an unbiased jury trial of their peers being violated and each of these pleas…
Read moreHOLLA'BACK VS. YOUNG'N (HOLLA BACK)- CHART OF SIMILARITIES
Trajik's single "Holla'back," featured on our first EP release, was the subject of a copyright infringement lawsuit in 2003.
This lawsuit was filed years before Pharrell Williams et.Al were finally found guilty of infringement when Gaye's Estate filed their suit against them and used their same expert musicologist Judith Finell.*
The lawsuit was featured on Celebrity Justice, MTV news and numerous internet sites and radio stations. This suit alleged that international superstars and platinum selling- rapper/super producers Fabolous /the Neptunes' platinum selling single Young'N (Holla back), released in 2001, was derived from one of Trajik's first releases,"Holla'back" (released in 1999).
The first of two Independent Expert Reports documented that "similarities occur within 50% of the primary elements" of these songs. This document also discussed the "'MUSICAL FINGERPRINT'" which was "indicative of copying;" (THE ECHO EFFECT AFTER THE HOLLA 'BACK, BACK BACK). This document, (shown in its entirety below), in addition to Dr. Ramsey's expert report, stated the following lyrical/musical similarities:
1. The title/hook phrase: The most important part of song; exactly the same
2. Genre: Both songs rapped, not sung in exactly same eighth note, eighth note, quarter note; despite both Experts testifying that there are numerous ways to rap the word Holla'back
3. Time Signature/Tempo: Exactly the same: 4/4 Common Time
4. Structure: Exactly the same: Each starting with Introduction; then alternating between Verse, Chorus, Closing, Lack of Bridge (despite a composer having option to to include bridges or interchange these elements at will). Holla'back hook appears throughout entire chorus of each and is repeated and reappearing over and over again in each (40x-Holla'back) Trajik (24x Young'N Holla back) Fabolous; 10x in chorus Holla'back; 8x in chorus Young'N, every other measure, throughout each song.The most repeated lyric in each is the hook phrase Holla'back
5. Melody/Pitch: Both songs use ONE SINGLE NOTE, REPEATED EXACTLY THE SAME NUMBER OF TIMES (3X), CONSISTENTLY,THROUGHOUT BOTH SONGS; Continuous G's in minor mode in Trajik and F sharp (minor) in Fabolous.
6. Length of Holla'back Chorus: Exactly the same: 16 measures
7. Instrumentation: Essentially the same:
Trajik-voice, electric guitar, organ, bass, drums
Fabolous-voice, electric guitar, flute synthesiser, bass and drums
Bass guitar and bass drum are doing exactly the same thing
"...Basic beat sets, in some instances, transferred to other elements of the timbrel soundscape of the piece..."Dr. Ramsey
8. Key Signature: You can transpose everything in Young'N a half step up (two adjacent notes on the piano) to have the same tonal center (or key) as Trajik (this is their expert's admission)
9. Rhythm: Exactly the same;Three Notes Syncopated. Every other measure (dotted quarter, dotted quarter, dotted quarter), repeated every other measure, throughout both songs
10. Phrasing: The "musical fingerprint", never mentioned by either court, the echo, mini-extension the Holla back, back, back EACH SONG SEPARATING HOLLA'BACK BY EXACTLY SIX RESTS (other than last phrase in Holla'back). And both use Call and Response motif
11. Shifted Cadence: the shifting of time of when Holla'back is stated
12. Timbre: use of the cuckoo sound in rhythm track of Trajik and timbre of flute synthesizer in Fabolous "...the similarity of the sound quality of these gestures is striking in loops that are already similar in instrumentation." Dr. Guthrie Ramsey
Both their and our experts testified that there were only 2 out of over 50 songs that musically expressed the word"holla back" with all of these similarities; Trajik (Holla'back released 1999) and Fabolous (released 2001).
Despite these similarities, our case was, we believe, ILLEGALLY DISMISSED without giving us our Seventh Amendment right to a jury trial of our peers!
On the cusp of a stunning, disappointing and frustrating fight within the judicial system, Holla'back returns; broken in spirit but determined to fight regardless as to what the emotional effect will be...this Injustice is addressed in the Groundbreaking Documentary "InJustice for All...Summary MisJudgment."
Independent Expert Report of Musicologist Documenting Similarities between Songs
*Judith Finell Music Services, Inc. prepares Preliminary Comparison of "Holla Back" as performed by Trajik and Young'N (Holla Back)" as performed by Fabolous. In her "Summary," Ms. Finnel reports numerous similarities and, additionally, states in her Comparison of "Trajik" and "Fabolous:... item 6. Fabolous contains a possible musical "fingerprint" suggestive that copying occurred in the sense that a similar distinctive feature is present in both songs. This distinctive feature, an "echo effect," in "Fabolous" is the phrase back, back, back, "which similarly occurs in "Trajik." When a variation or departure from the initial statement of a phrase ("Holla back') is similar in 2 songs, this is further evidence that copying is likely to have occurred. Judith Finell's Expert Report can be viewed in its
entirety below:
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UPCOMING EVENTS
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THE FIRST OF 3 ANNUAL SHOWCASES LEADING UP TO THE SEASON FINALE COMPETITION OF ALL QUARTERLY WINNERS...STAY TUNED
Each year, Independent/Artists create and subsequently market their projects (movies, songs, screenplays, cartoons etc.) to major entertainment companies/record labels, in hopes of seeking major distribution/recognition only to realize their dream has turned into their worst nightmare: their songs are heard on national radio stations produced/written by superstars, movies released, shown and distributed by major motion picture corporations, cartoons/movies shown on national television etc., years later, without the original Independent/Artist being credited nor compensated for their works. Essentially, their projects have been, allegedly, stolen by major superstars/producers/corporations etc., and their court cases subsequently dismissed by judges’ “opinions” on Summary Judgment Motions; essentially stating that there were no material facts in each of those cases; NONE of those cases could have won if allowed to proceed to trial. Most importantly, we allege that these dismissals have denied these Artists their Constitutional, Seventh Amendment right to an unbiased jury trial of their peers. Such allegations have been statistically validated by a Beverly Hills, California attorney and officer of the court: Attorney Steven T. Lowe, in his article titled "Death of Copyright, The Perfect Storm." November, 2010 (http://www.youtube.com/watch?v=_BVqtZ7KwIs ) where he stated that 96% (46/48) of all copyright infringement cases filed against major networks and studios, and the lower courts within those circuits, (in two of the bigger circuits, New York and California) NEVER had to face a jury in copyright infringement lawsuits, IN THE LAST 20 YEARS! Is it realistic or conceivable that NOT ONE OF THOSE 46/48 CASES COULD HAVE WON...IN A 20 YEAR PERIOD? InJustice for All…Summary MisJudgment, is a groundbreaking Documentary which takes you through five multi-million/billion dollar copyright infringement lawsuits against major entertainment corporations/celebrities for some of the nation's most recognized works: Case 1) Holla'back vs. Young'N (Holla back)-Trajik and Carla B. Boone sued rapper Fabolous, Pharrell Williams and Chad Hugo (The Neptunes) et. al. for alleged similarities to Trajik’s hip hop song Case 2) Pay the Price v. Drumline- Darryl D. Lassiter sued Dallas Austin and 20th Century Fox, et. al. for Drumline’s similarities to Lassiter’s movie Case 3) Bob Spongee v. Sponge Bob Squarepants- Troy Walker sued Steven Hillenberg, Nickelodeon and Viacom et. al. for SpongeBob SquarePants’ similarities to Walker’s cartoon Bob Spongee Case 4) Psi-Ops vs. Psi-Ops (MindGate Conspiracy)- William Crawford III sued Midway Games for Psi-Ops (Mindgate Conspiracy's) similarities to Crawford’s screenplay Case 5) No Harm No Foul/Bronx House vs. Life- Gregory L. Hudson sued Eddie Murphy and Universal Studios et. al. for similarities to Hudson’s stage plays We detail similarities/evidence, on the courts’ records, between the pieces, the law and the alleged legal/illegal maneuvering to get these cases dismissed “by any and every means necessary!” Additionally, documented, scholarly research/testimony is shown which we allege further validates these allegations of the ''Unfair, Unethical and Unconstitutional" nature of these dismissals. The negative/significant/adverse impact this process has had upon the lives, health, small businesses/careers/finances of hard-working, law abiding, tax-paying citizens are also discussed in detail. What incentive is there for anyone NOT TO STEAL INDEPENDENT/ARTISTS WORKS if we allow this trend to continue? For, if 96% of alleged criminals (bank robbers, pedophiles, rapists etc.) were allowed to NEVER have to go to trial and they were, subsequently set “Scott-free” (as are these major networks and studios) after being charged, the public outcry would be deafening...once they are made aware of this INJUSTICE! This piece has been produced to Educate, Entertain and Empower Independent/Artists, in addition to the public, nationwide, to collectively join forces to eradicate the Illegal, Unethical, Unjust and, more importantly, UnConstitutional dismissal of copyright infringement cases on Summary Judgment Motions and help prevent the ''Death of Copyright."** This documentary raises awareness of how Hollywood has, allegedly, stolen some of the biggest motion pictures, television shows, cartoons, songs etc...in the Name of the Law (Summary Judgment)…. eventually bringing creativity to its DEATH if this practice is allowed to continue. Professor John Bronsteen http://www.luc.edu/law/faculty/docs/bronsteen/against_summary_judgment.pdf **http://www.pr.com/press-release/443829-Death of Copyright The Sequel
DOCUMENTARY; INJUSTICE FOR ALL...SUMMARY MISJUDGMENT
Medgar Evers College, 1650 Bedford Ave, Brooklyn, NY
Each year, Independent/Artists create and subsequently market their projects (movies, songs, screenplays, cartoons etc.) to major entertainment companies/record labels, in hopes of seeking major distribution/recognition only to realize their dream has turned into their worst nightmare: their songs are heard on national radio stations produced/written by superstars, movies released, shown and distributed by major motion picture corporations, cartoons/movies shown on national television etc., years later, without the original Independent/Artist being credited nor compensated for their works. Essentially, their projects have been, allegedly, stolen by major superstars/producers/corporations etc., and their court cases subsequently dismissed by judges’ “opinions” on Summary Judgment Motions; essentially stating that there were no material facts in each of those cases; NONE of those cases could have won if allowed to proceed to trial. Most importantly, we allege that these dismissals have denied these Artists their Constitutional, Seventh Amendment right to an unbiased jury trial of their peers. Such allegations have been statistically validated by a Beverly Hills, California attorney and officer of the court: Attorney Steven T. Lowe, in his article titled "Death of Copyright, The Perfect Storm." November, 2010 (http://www.youtube.com/watch?v=_BVqtZ7KwIs ) where he stated that 96% (46/48) of all copyright infringement cases filed against major networks and studios, and the lower courts within those circuits, (in two of the bigger circuits, New York and California) NEVER had to face a jury in copyright infringement lawsuits, IN THE LAST 20 YEARS! Is it realistic or conceivable that NOT ONE OF THOSE 46/48 CASES COULD HAVE WON...IN A 20 YEAR PERIOD? InJustice for All…Summary MisJudgment, is a groundbreaking Documentary which takes you through five multi-million/billion dollar copyright infringement lawsuits against major entertainment corporations/celebrities for some of the nation's most recognized works: Case 1) Holla'back vs. Young'N (Holla back)-Trajik and Carla B. Boone sued rapper Fabolous, Pharrell Williams and Chad Hugo (The Neptunes) et. al. for alleged similarities to Trajik’s hip hop song Case 2) Pay the Price v. Drumline- Darryl D. Lassiter sued Dallas Austin and 20th Century Fox, et. al. for Drumline’s similarities to Lassiter’s movie Case 3) Bob Spongee v. Sponge Bob Squarepants- Troy Walker sued Steven Hillenberg, Nickelodeon and Viacom et. al. for SpongeBob SquarePants’ similarities to Walker’s cartoon Bob Spongee Case 4) Psi-Ops vs. Psi-Ops (MindGate Conspiracy)- William Crawford III sued Midway Games for Psi-Ops (Mindgate Conspiracy's) similarities to Crawford’s screenplay Case 5) No Harm No Foul/Bronx House vs. Life- Gregory L. Hudson sued Eddie Murphy and Universal Studios et. al. for similarities to Hudson’s stage plays We detail similarities/evidence, on the courts’ records, between the pieces, the law and the alleged legal/illegal maneuvering to get these cases dismissed “by any and every means necessary!” Additionally, documented, scholarly research/testimony is shown which we allege further validates these allegations of the ''Unfair, Unethical and Unconstitutional" nature of these dismissals. The negative/significant/adverse impact this process has had upon the lives, health, small businesses/careers/finances of hard-working, law abiding, tax-paying citizens are also discussed in detail. What incentive is there for anyone NOT TO STEAL INDEPENDENT/ARTISTS WORKS if we allow this trend to continue? For, if 96% of alleged criminals (bank robbers, pedophiles, rapists etc.) were allowed to, essentially, NEVER have to go to trial and they were, subsequently set “Scott-free” (as are these major networks and studios) after being charged, the public outcry would be deafening...once they are made aware of this INJUSTICE! This piece has been produced to Educate, Entertain and Empower Independent/Artists, in addition to the public, nationwide, to collectively join forces to eradicate the Illegal, Unethical, Unjust and, more importantly, UnConstitutional dismissal of copyright infringement cases on Summary Judgment Motions and help prevent the ''Death of Copyright."** This documentary raises awareness of how Hollywood has, allegedly, stolen some of the biggest motion pictures, television shows, cartoons, songs etc...in the Name of the Law (Summary Judgment)…. eventually bringing creativity to its DEATH if this practice is allowed to continue. Professor John Bronsteen http://www.luc.edu/law/faculty/docs/bronsteen/against_summary_judgment.pdf **http://www.pr.com/press-release/443829-Death of Copyright The Sequel