And the winner for most bizarre copyright infringement suit is; The Knack. Twenty seven years ago The Knack scored a hit with the song "My Sharona", a pseudo raunchy ode to an underage girl. Twenty years ago hip-hop pioneers Run DMC used a tiny little sliver of "My Sharona" in another successful song, "It's Tricky", which was produced by super-producer Rick Rubin.

The use pre-dates the landmark case against Biz Markee that set the statutory standard for licensing samples used in other works. Now, a firm representing The Knack is suing for royalties.

From the Press release, "[The Knack] 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. [The Knack] are seeking damages for the alleged unauthorized use of "My Sharona" in numerous Run DMC albums that contain the song"

"Only recently learned". Where have they been? You couldn't turn on a TV in 1986 without hearing "It's Tricky" and the video is a true classic, featuring a young Penn and Teller stealing the style of the incredibly popular Run DMC.

I'll admit bias on my part in this case. I'm very much in support of a much more linear and inexpensive process for clearing samples used in new compositions. Whatever the outcome of this lawsuit (and under the statutes, it's not looking good for Run DMC or Rick Rubin), it would be a giant boom to creativity if we could re-evaluate the way artists are compensated for sampling.

An upcoming documentary explores exactly this. Kimbrew McLeod and Ben Franzen have been putting together "Copyright Criminals", which explores sampling, hip-hop culture and the effect that enormous cost of sample licensing has had on the art of sampling.

[via Rolling Stone]