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The Knack Sue Run-DMC Over “It’s Tricky” Riff

9/15/06, 10:37 pm EST

run dmcWe thought we’d seen everything when it comes to lawsuits over hip-hop samples, but this one takes the cake: Twenty years after the release of Run-DMC’s “It’s Tricky,” the Knack are suing over that “My Sharona” riff.
A few thoughts: 1) It was a different world back in the Eighties when it came to clearing samples, but how could Run-DMC not have handled this by now? Hello? Russell? Lyor? 2) What kind of idiots are those Knack dudes for not noticing that sample in, um, 1986? “It’s Tricky” was a HUGE song. 3) Shouldn’t there be some sort of statute of limitations for this sort of thing?
At this point, we have to side with Run-DMC — we don’t want to see the Knack taking money out of Jam Master Jay’s kids’ college fund. Read the full press release from the Knack after the jump.

UPDATE: We had a laugh at this line from the law firm the Knack is using (bold type ours):

Schwartz Cooper Chartered provides practical, efficient legal solutions across a range of disciplines, including banking and finance, corporate, franchise and distribution law …

If suing a hip-hop group twenty years after the fact is “efficient” to these guys, we’re definitely not using them for our taxes …

FOR IMMEDIATE RELEASE:
Contact:
[redacted]
MY SHARONA; NOT YOURS!
* * *
80s rock band The Knack takes on Run DMC for unauthorized sampling

Los Angeles – September 15, 2006 – Members of the 80s rock band The Knack today filed a lawsuit against the members of Run DMC, and Run DMC’s producers, distributors, publishers and record companies, over Run DMC’s use of an unlicensed sample of The Knack ’s 1979 platinum hit “My Sharona” in Run DMC’s song, “It’s Tricky.”

The Knack’s Doug Fieger and Berton Averre filed a copyright infringement lawsuit against Run DMC today in the United States District Court for the Central District of California. The complaint alleges that members of Run DMC and their manager, producers, publishers, and record label unlawfully appropriated portions of “My Sharona,” including the song’s signature guitar riff, for use in “It’s Tricky,” which first appeared on Run DMC’s 1986 Raising Hell album. The suit also names several companies involved in the distribution of the allegedly infringing albums. Fieger and Averre wrote “My Sharona” and obtained a copyright registration for it in 1979. The lawsuit seeks unspecified damages and attorneys’ fees.

Fieger and Averre only recently learned that Run DMC’s smash hit from the mid-80s sampled the illustrious guitar riff from The Knack’s classic “My Sharona.” “That sound is not only the essence of ‘My Sharona,’ it is one of the most recognizable sounds in rock ‘n’ roll,” says Fieger, lead singer and front man of the band. Fieger and Averre are seeking damages for the alleged unauthorized use of “My Sharona” in numerous Run DMC albums that contain the song “It’s Tricky,” including albums released as far back as 1986. According to the complaint, each of the allegedly infringing albums containing the song “It’s Tricky” are still being sold and distributed.

Fieger’s and Averre’s attorney, Dick Schultz of Schwartz Cooper Chartered in Chicago, said, “Our clients created a unique and distinctive musical composition in ‘My Sharona.’ Others shouldn’t be allowed to profit from the unauthorized use of that creation. That is what copyright laws are for, and we are protecting our clients’ rights in their creation.”


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Comments

thaddeuskip | 9/18/2006, 8:45 am EST

Fuck Roger Waters & his political tirades and the horse(pig) he rode in on!

~dub | 9/18/2006, 11:51 am EST

get a LIFE !!! They are pissed that some gets from the projects made more from there little riff than they did with the whole damn song !!
Too bad they snorted all their profits and now need to wreck someone else to get their lives back together,,

Af-Ro | 9/18/2006, 11:55 am EST

Stealing other peoples music is one of the cornerstones of rap

Chillstar | 9/18/2006, 12:18 pm EST

Stealing other people’s music is the cornerstone of all popular music.

cure gastroparesis | 9/18/2006, 12:40 pm EST

Stealing other peoples music is one of the cornerstones of rap

Jordan | 9/18/2006, 1:01 pm EST

Rap would suck if they didn’t copy and steal everything.

Rap is to the industry what the dog is to the master. They feed of forgotten scraps.

Hip Hop and RnB’s latest pilfering was Tainted Love by Soft Cell. It pained me that Soft Cell gave up the entire song for the new track.

But, whatever, it’s not like Lil Jizzy joe joe and foxy queen big bad big boy jr. could ever come up with that sort of quality sound on their own.

Rappers pray at night for big hits back in the day to fall into obscurity and be forgotten. The shameless ones take anything, even sounds in recent past.

Hmmmmm | 9/18/2006, 1:11 pm EST

i smell skinheads below. troll-like jackass racists

Hmmmmm | 9/18/2006, 1:13 pm EST

and like rock artists dont “steal” riffs from other people. hell, all of rock music is hijakced from black folk

and nickleback continues to steal from itself

Ne-Gro | 9/18/2006, 1:31 pm EST

Qualifications for becoming a rapper:
1) No musical talent
2) Bullet Wounds
3) Time served
4) Lame tattoos
5) Queer sunglasses
6) Speech impediment
7) Gimpy Leg
Any other suggestions?

Rrowr | 9/18/2006, 1:31 pm EST

Uhm, does that mean that the Kinks, Blondie, the Cars, Elvis Costello and the other new wavers whom the Knack stole their sound from are gonna get royalties on “My Sharona” and “It’s Tricky”, too?

Rrowr | 9/18/2006, 1:35 pm EST

Stop dissing rap. You don’t know anything about it and you’re comments are vaguely (if not overtly) racist.

ALL popular music in America comes from black artists. There is no pop genre that was not born of the black experience.

Hip Hop is merely the latest of these. It is a first, in that, besides that crap rap/rock and eminem, it is still a genre controlled by black artists.

Go back to your Iron Maiden records and marinate on that for a minute.

Tar Baby | 9/18/2006, 1:49 pm EST

That’s funny Rrowr, most rap lyrics seem racist and extremely sexist to me.

weller2 | 9/18/2006, 1:59 pm EST

Uhhh … how did the Knack steal their sound from Blondie? Have you ever heard The Knack? Have you ever heard Blondie?

weller2 | 9/18/2006, 2:00 pm EST

Ditto the cars and Elvis Costello. And when they stole from the Kinks (”the hard way”) they covered their song and paid them royalties (for which ray davies thanked them). Get your facts straight before you go bashing The Knack!

Lobsters | 9/18/2006, 2:04 pm EST

The Knack were one of the first Rock bands to make Baby Boomers feel old, by the Eighties Boomers were so desperate to look “Hip” they were reduced to pretending shit like Run DMC. Baby Boomers are douchebags.

Jay in Milwaukee | 9/18/2006, 2:13 pm EST

Do you know how to tell if you are old or not? If you think all new music is done by talentless morons and the fans of that music don’t understand real music, then you are officially old.

Whateva | 9/18/2006, 2:16 pm EST

Most mainstream rap sucks, but please don’t group all hip hop in to the same category. Yes there is plenty of garbage out there, but there are true lyricists that exist. Some of you guys sound extremely ignorant and undereducated on the history of American music, especially rock music. If you research the origin of rock, then you’d know who the true “thieves” are. If you listen to the Rolling Stones and the Beatles they were heavily influenced by blues music. Some of Elvis’ records were complete covers of underground blues songs.

Black Panther | 9/18/2006, 2:22 pm EST

Rap, hip hop, whatever you want to call it, is technically not music. More like ghetto poetry.

Yo Yo Yo | 9/18/2006, 2:27 pm EST

To Jay in Milwaukee. Understanding that todays music is made by talentless morons does not make you old, it makes you sane.
Black Panther makes a great point.

Please | 9/18/2006, 2:29 pm EST

Lets not degrade all the great music that blacks contributed to society by lumping rap in with the mix

adam | 9/18/2006, 2:31 pm EST

it’s the fuckin knack weshould all get the fuck over it already my god who really gives a fuck anyway

adam | 9/18/2006, 2:36 pm EST

and for those of you who dont like rap get over it there are a lot of shitty rappers around but alot of fuckin great ones too so shut the fuck up you raceist hick republicans and i dont just like rap i live rock & roll just as much but i acctualy have diverse music tates unluke some of you fuckers

Rrowr | 9/18/2006, 2:41 pm EST

The Knack were a bunch of Johnny-come-latelys to new wave…this is not secret knowledge that I’ve somehow secured access to.

Check the song structure of “My Sharona” against any new wave hit…or Elvis Costello’s “Pump it Up” or “The Beat”. They didn’t sample, true, just stole the song structues/styles of more adventurours musicians and crafted it into a pop tart void of any the insight/commentary found in the songs of their influences.

Cashing in on a trend isn’t heresy…but it makes suing RUN DMC pretty hypocritical. They should be happy that “Its Tricky” gave their song a longer shelf-life than it ever deserved.

adam | 9/18/2006, 3:28 pm EST

I forgot to note that my mother is a 2 dollar whore.

Dude | 9/18/2006, 3:29 pm EST

How the fuck do you not know about it for 20 years? Maybe if the Knack had written another hit song in the past 20 years they wouldn’t need to sue…

Long Dong | 9/18/2006, 3:31 pm EST

Can adam please tell me what makes a rapper great?

MMW | 9/18/2006, 4:31 pm EST

Shut your asses, rap apologists. just because someone does not like that pathetic excuse for noise does not make them racist. you guys need to find another excuse, racist is played out. stupid jackoff rappers, i could kick all of their asses.

Matt | 9/18/2006, 5:10 pm EST

To all those that keep trying to say rap or hip-hop is technically not music, consider the definition of music — “an artistic form of auditory communication incorporating instrumental or vocal tones in a structured and continuous manner” — and quit trying to make that stupid argument once and for all. To Ne-Gro: Your generalizations make you sound like an idiot. Understanding that today’s music is made by talentless morons, Yo, Yo Yo, makes you lazy. Turn off the fucking radio and go find the good music. It is not hard to find.

Andrew | 9/18/2006, 5:27 pm EST

Just to let you know Jordan that Tainted Love by Soft Cell is a cover of a sixties soul song. So like it or not Soft Cell had no say in the matter.

roy_socal | 9/18/2006, 7:24 pm EST

The difference between The Knack and rap “artists” is that The Knack writes their own original songs, plays their own instruments, and doesn’t rely on the cheat known as “sampling” which rappers use to provide the lone bit of interest to their otherwise unlistenable drone.

“It’s Tricky” may have been “huge” among thick-headed morons who listen to that sort of crap, but not for those of us who listen to actual music. It’s no wonder that this didn’t come to the attention of The Knack until years later.

I look forward to DMC losing this one, and having to return several of those ugly pimped SUV’s…assuming the dealer can deal with the bullet holes.

Conrad | 9/18/2006, 8:35 pm EST

*THE KNACK SUCK BALLS AND RUN-D.M.C are one of the greatest rap artists ever. the knack had like a couple good songs

da bullameister | 9/18/2006, 9:46 pm EST

Run Dmc are the best rappers alive

Bongwater | 9/18/2006, 10:23 pm EST

Keep beating your chest about your salad days while we run you over in our Escalades.

KENNY C. VAIL | 9/19/2006, 5:59 am EST

i love the knack…but kinda late, eh? the knack’s original drummer just died (bruce gary) and singer doug fieger had a brain tumour removed….so they have had their share of bad luck. these lawsuits are weird, aren’t they?

Helvis | 9/19/2006, 7:02 am EST

How come Doug Feiger used that lame Chicago firm when his brother based in the neighboring state of Michigan is one of the top lawyers in the country and always on TV commenting on various high profile law cases? Dr. Kevorkian would have gone to jail years before he pulled the plug on 60 Minutes, if Feiger hadn’t been his lawyer. Did his own brother think the case was too weak? Statute of Limitations? Family Feud? What’s the back story, RS? Please, report.

LOST | 9/19/2006, 9:27 am EST

I don’t understand why the quality of music is in question. If the question is if they “sampled” a song. Race is not an issue either. If sampling was done it was wrong but it is also to late. If you are in the music industry you need to be aware of your surroundings. You can’t sit back and assume everyone will follow the guidelines. Also just as big as “My Sharona” was so was “Tricky”. So that does not mean that one person has more talent then the other. You have to be talented to do rap as well rock and roll. Half the people on here could not “spit a rhyme” or hold a tune. So before you past judgement on a person or persons look and try to find the good in the situation before you go directly for the bad. Not all rappers have gun shot wounds (Kayne West, Common) and not all Rockers are drug addicts. Don’t generalize it is not a good thing to do.

Sean | 9/19/2006, 10:58 am EST

I’m not familiar w/ the laws on sampling but if Run DMC did sample “My Sharona” and there are no statute of limitations, then the knack deserve money. why people on here insist on bashing run dmc is mind boggling. they were one the more positive rap groups and helped hip hop crossover into the mainstream. i’m not knocking the knack but the people on here are making it seem like the band had this huge influence on music. the band had one major hit; as for originality…that’s a joke. i would love for someone to tell me what the knack contributed aside from an awesome guitar riff.

Dan B | 9/19/2006, 12:43 pm EST

I’m gonna venture a guess that Run DMC will be able to dismiss this case based on laches – where the plaintiff unreasonably delayed filing of an otherwise legitimate claim. It’s completely unreasonable to suggest that it took 20 years for The Knack to hear or recognize this sample. I think Doug Feiger would have to show that he hadn’t listened to the radio, teevee, etc. for the entire period.

Further, I believe they would only be able to get damages for three years preceding the last recorded sale of the track; the statute of limitations should bar getting proceeds as far back as 1986.

My opinion is that they lose this on the basis of the motions. Not really a leg to stand on.

adam | 9/19/2006, 1:43 pm EST

to lost you put it exactly right and as far as what makes a rapper great go listen to Nas Outkast Eminem Public Enemy NWA 2pac RUN-DMC common Kanye West snoop dogg Biggie Smalls and this new cat lupe fiasco then try and tell me rap isnt great ad if you still think it isnt just shut the fuck up

e.million | 9/19/2006, 1:49 pm EST

Rock and Roll itself was born out of the re-hashing and marketing by white musicians to white american teens, playing originally “black” music and not paying them for it most of the time.
And “Tainted Love”? … originally a soul song performed by Gloria Jones in 1964, written by a guy named Ed Cobb, so it is likely Ed Cobb who agreed to the sampling of that song, so that was a pretty stupid example to use – showing that you know nothing of your music history.

When white artists in the 50s and 60s covered and popularized songs written by black artists, the orginal artist rarely even got paid for their own recordings let alone the ‘cover version’, instead the white record execs often kept all the money.

So I wouldn’t go into the argument that rap music is just sampling – considering rock and roll itself came directly from “black music”, and has been less monetarily benficial to the true originators of that music than the piles of money rap musicians have made for the musicians of the songs they have sampled.
Nearly every modern style of American music is owed to and easily traceable to African Americans. Even the term “rock and roll” originates from black gospel meetings and music as early as the 1800s.

So, sure if Run DMC blatantly used the song and had no permission to do so, they should be held liable, however, it is likely that the record company may be held liable instead – they may possibly look into how much money an average artist would get for the use of a song in a rap sample at the time it occurred in 1986 – which probably wouldn’t be worth the trouble The Knack is going to at this point.
So, although Run DMC is not blameless, if anyone argues about rap music being only samples and stealing music, I urge you to do a little reading about the roots of American Rock & Roll (PRE-Elvis) and see where your precious rock musicians got everything from: Wynonie Harris, Roy Brown, Big Maybelle, Big Joe Turner, Sister Rosetta Tharpe, Bo Diddley. And then think about how much money those musicians got for all the millions of their re-hashed riffs, phrases, and beats that have been used since.

DAVEY | 9/19/2006, 2:26 pm EST

The Knack: One hit wonders from the Where Are They Now file, whose only influence was on a Weird Al Yankovic parody record.

Run DMC: Responsible for popularizing an entire genre of music, selling millions of records in the process.

The song in question, it should be noted, contains one section with two notes alternating, and then a bit with two chords, and then there’s a bit where one of those chords is sustained. AND THAT’S IT. It’s easily the single most moronic, brainless excuse for music that ever was.

It should also be noted that producer Rick Rubin, who is responsible for the sampling, is a big, burly white guy who could totally kick your ass. Most recently he produced a bunch of albums for Johnny Cash, which all the racist “rap is crap” tards in this thread most certainly bought.

DAVEY | 9/19/2006, 2:27 pm EST

“song in question” referring to “My Sharona” btw

Frank | 9/20/2006, 10:26 am EST

This is simple. wether you like the Knack or not…Run DMC used the sample then they have to pay. That’s the law isn’t it? Unless the artists decides not to charge other artists for sampling them that’s the way it is. By the way no need to bash the Knack or run dmc.

chris | 9/20/2006, 6:18 pm EST

sampling rocks. it’s as much a music as the collage is a form of art. if you don’t want people to sample your stuff, stop recording.

icky | 9/20/2006, 7:18 pm EST

well it was produced by Rick Rubin, so maybe he’ll take the hit on this one.

Sam L. Parity | 9/21/2006, 12:08 pm EST

Pretty sure Jam Master Jay lifted that alternating-octave riff and the chords from the tag of “My Sharona” straight from the record.

If so, I’ll bet there is some money there for The Knack. I don’t blame them for trying to protect their main asset and source of income for over twenty-five years now.

slug_whore | 9/22/2006, 10:36 am EST

If it wasn’t for the blues, rock wouldn’t been born. Elvis and other rockers/child-rapist STOLE from black musicians and those musicians died poor. Rappers, keep on sampling! Anyways whites are mad ’cause they in the minority now…thanks to illegal immigration…don’t worry it will be soon United States of Mexico and you rappers can do all the sampling you want…FREE

Viva La Mexico!

slug_whore | 9/22/2006, 10:45 am EST

All you rap and hip-hip haters…DON’T LISTEN…

Latinos and Blacks are tired of you WIGGERS…wanna be something you ain’t cause your drunken mother didn’t breast feed ya and your daddy never home because he’ working on that third scotch at the country club getting blowed by one of his boy toys

Hasta Luego, culeros

The Truth of the matter! | 10/13/2006, 2:18 am EST

I can’t believe how incredibly stupid some of these replies are. Run-DMC fans saying that the Knack are losers who never created anything and deserve nothing. Knack fans bashing rap in general. Here are the facts:

The Knack:
———-
Obviously the Knack were a great rock group. Sales figures of “Get the Knack” certainly PROVE that. The impact of the Knack on popular music was huge and the song “my sharona” is one of the most well known rock anthems of all time. In fact, the impact of the song “My Sharona” was so great that early rap pioneers “RUN-DMC” were influenced enough by the song that they decided to sample it. At that time (and even now) sampling a piece of a song is a sign of RESPECT for an artists work. Run-DMC used the sample from “My Sharona” because they thought it was cool and they knew it was the right ingredient for thier song. So, there’s no need to put down the Knack, Run-DMC obviously loved the song enough to sample part of it.

Run-DMC:
——–
Bac k in 1986 the rules of the game were different. Rap artists sampled sections of songs to create a new sound. When they used a sample it was ussually a sign of respect for the artist they were taking it from. Only later did everyone realize that royalties needed to be paid for such “borrowing”. Which certainly makes a lot of sense. If you sample somebody’s song, that means you think it’s cool. That also means that you should pay them for it. You also shouldn’t have a problem paying if you like what you are sampling! Run-DMC were pioneers and sampled the Knack before anyone really knew the legalities of this type of thing. I hold NOTHING against Run-DMC, in fact I give them a big heads up for having great taste in picking an awesome sample!

What’s it all mean?
——————-

I think Run-DMC fans are ticked off because the Knack waited a really long time to initiate the law suite. It’s easy to insult the Knack or call them one hit wonders or losers who need cash (which isn’t the truth). It’s just as easy to say that all rap musicians are talentless thieves who can’t sing and make a living by leeching off other artists because they don’t have the talent to create anything original…. (which isn’t true).

Run-DMC was a great rap group. True pioneers. They picked a great sample with “my sharona”.

The Knack were power-pop legends and have created a song that will live forever in the history of rock’n roll.

I say, let the courts decide the legality and let’s not take anything away from the artsist themselves.

If somebody samples the work of another artist – they need to PAY for that sample and also give RESPECT where respect is due. I think the Knack deserve to be paid and given respect. I think Run-DMC created a great song and picked a great sample, they shouldn’t have any problems paying up.

A music fan from las vegas.

theartisan | 11/7/2006, 4:20 pm EST

So I supposed the Knack will go after Everlast for his late-80s single “I Got The Knack”, an even more blatant sample/remake of “My Sharona”?

somebody with a brain | 2/5/2007, 11:26 am EST

hey slug_whore….kill yourself, that would be best for everyone

somebody with a brain | 2/5/2007, 11:28 am EST

Hey Ne-Gro,
I got another for your list; cross-eyed

Fredy Fetton | 8/7/2007, 5:05 pm EST

Post is victoryushchenkonashpresudent nash i pizdec. I vse piddarrassy…

lexapro | 6/2/2008, 12:38 am EST

Article Opinion

xenical | 6/2/2008, 12:38 am EST

Article Opinion

ambien | 6/2/2008, 12:39 am EST

Article Opinion

ephedrine | 6/2/2008, 12:40 am EST

Article Opinion

Both Bands Rock! | 3/8/2009, 6:22 pm EST

Okay, I am a fan of both bands. The knack should be happy that they got that kind of flatery and they should be happy that they got some free promotion.
RUN D.M.C. had a great song called it’s trickey and it sounds great!

Pwrigozj | 7/14/2009, 1:41 am EST

98a8Yk

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