Over the past few years, the music industry has seen its fair share of controversial copyright infringement cases. Notably, 70’s soul music icon, Lee Hutson, former lead singer of The Impressions, found himself embroiled in a high-stakes legal battle with Bad Boy Entertainment, the estate of the late Notorious B.I.G. (aka Biggie Smalls), and music producer Easy Mo Bee. The contention was over the unauthorized use of a sample from Hutson’s 1973 song in Biggie’s 1994 hit “The What.” Despite the complex legal proceedings and the resistance faced, Hutson’s pursuit of justice sends a clear message that resonates with artists everywhere: respect the original work of others.
Details of the Legal Battle
Lee Hutson’s lawsuit against Bad Boy Entertainment and the estate of Notorious B.I.G. has its roots in an unauthorized music sample. The hit song “The What” from Biggie’s debut album “Ready To Die” used a piece from Hutson’s song “Can’t Say Enough About Mom.” The producer, Easy Mo Bee (Osten Harvey Jr.), admitted to using the sample without acquiring permission, although he claimed to have informed Bad Boy about it.
In 2012, when Hutson became aware of this unauthorized use, he reached out to Diddy, owner of Bad Boy Entertainment, seeking an amicable resolution. However, instead of a response, he was met with a preemptive legal strike from Staci Riordan of Fox Rothschild, representing the estate of Biggie Smalls. The lawyers disputed Hutson’s right to pursue legal action, arguing that the sample used was short and adapted.
Victory for Hutson
Hutson then proceeded to file his lawsuit for copyright infringement in a New York court, challenging the preemptive legal action in California. The result was a victory for Hutson, with a California judge dismissing the case brought by the Smalls estate. With this challenge out of the way, Hutson’s lawsuit is now proceeding in the U.S. District Court, Southern District of New York, in Manhattan.
While the final outcome of Hutson’s lawsuit remains to be seen, the case has underscored an important principle in the music business: to respect the original work of others and not to use music that is not yours without permission.
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