So I'm blogging on a case that hits close to home in several ways: I am a composer by profession that frequently uses samples and runs into copyright issues all the time, I work at SNI which owns DIY Network–for which Vanilla Ice, a.k.a. Robert Van Winkle is host of the popular show, Vanilla Ice Project, and I love humor and this case made me laugh! So here's the basics: Vanilla Ice rose to fame in early 90's due to his hit song, "Ice Ice Baby". The hook of the song was based on an obvious sample from the song "Under Pressure" from Queen and David Bowie which Vanilla Ice claimed he altered enough to make it his own. Can someone say derivative work?? A derivative work, in the case of music, is a basically creating a new arrangement or version of someone else's copyrighted work which still falls under US Copyright Law:
"Only the owner of copyright in a work has the right to prepare, or to authorize someone else to create, an adaptation of that work."
"The copyright in a derivative work covers only the additions,
changes, or other new material appearing for the first time
in the work.
http://copyright.gov/circs/circ14.pdf
Here's where it gets even funnier, according to Songfacts.com, Death Row Records claimed writer's credits before Queen and Bowie's claim and demanded a cut of the cash almost "icing" Vanilla in the process (hanging him upside down over a balcony, apparently!).
In the end, Vanilla Ice settled out of court by agreeing to give writer's credits to Queen and Bowie and the one hit wonder went on to a lucrative career in flipping houses on TV...that is until he recently had another run in with the law putting his current career in jeopardy–but that's another post.
The lesson for social media? Don't do dumb things like plagiarize or infringe on copyright and make them available to the world for profit. Add links or credit others when you reference them. Ask permission if you use a "sample" of anything for profit. "Ice Ice Baby" is hip, I'll admit, but Vanilla Ice's rationale is un-danceable.
Here's links to articles referenced:
https://convergentdivergent.wordpress.com/2013/02/26/queen-and-david-bowie-vs-vanilla-ice/
http://www.songfacts.com/detail.php?id=1414
http://www.fairwagelawyers.com/most-famous-music-copyright-infringment.html
