Ghanaian rap legend Obrafuor better know by his other names “rap sofo” is suing Canadian rapper drake for $10 million. According to reports, Drake and his team reached out to Obrafuor to sample his song but he refused, they went ahead and sample the song without the consent. In a new court statement released by Obrafuor and his team, they demanding a whooping $10million as damages. Read full statement below;
“information and belief, Zastenker has derived substantial revenues and/or profits from the exploitation of the Infringing Work;
FACTUAL ALLEGATIONS
Plaintiff and his Copyrighted Work 31.
Obrafour has enjoyed a successful and celebrated career engaged in, among other things, the business of writing, producing, creating, recording, performing, and releasing music internationally under the stage name "Obrafour." Obrafour's professional career in that regard began when he released his debut album entitled "Pae Mu Ka" in 1999 to widespread acclaim.
Widely regarded as one of the most notable and influential musicians in the history of Ghanian hip-hop music and culture, Obrafour has released six full length albums and over thirteen singles since 1999, and has received numerous accolades, awards, and nominations for his work.
32.
One of the albums created and released by Obrafour is entitled "Nte Tee Pa," which was initially published and released for sale and distribution on the Ghanian market by Obrafour on compact disc on or about June 23, 2003. One of the songs included and released on the album Nte Tee Pa is the Copyrighted Work, entitled "Oye Ohene (Remix)," which Obrafour wrote, created, and recorded in 2003. Nte Tee Pa was well-received, and among other accolades, won the award for "Best Album of the Year" at the 2004 Ghana Music Awards UK. Moreover, the Copyrighted Work has remained one of the most popular songs on Nte Tee Pa, and one of the most popular songs in Obrafour's overall music catalogue.
33.
In connection with his release of Nte Tee Pa, in 2003 Obrafour registered his exclusive copyrights in and to the Copyrighted Work "Oye Ohene (Remix)" under Ghanian copyright law and procedure. Annexed hereto as EXHIBIT B is an official Confirmation of Copyright letter, dated October 18, 2022, from GHAMRO (Ghana Music Rights Organization), the agency responsible for administering and enforcing copyright and copyright law in Ghana. The letter confirms Obrafour's 2003 registration and his status as the duly registered and exclusive owner of the Copyrighted Work under Ghanian law.
34.
In addition to registering his exclusive copyright in and to the Copyrighted Work in Ghana, Obrafour also registered his exclusive copyright in and to the Copyrighted Work in the United States. Obrafour did so in accordance with American copyright law and procedure, as confirmed in the United States Copyright Office Certificate of Registration, effective September
6, 2022, annexed hereto as EXHIBIT A Defendants' Infringing Conduct
35.
On June 8, 2022, Obrafour received an email from an individual named Deborah Mannis-Gardner ("Mannis-Gardner"), which bore the following email subject line:
Drake "Darkness" (working title)" contains samples from "Oye Ohene" Ft Tinny written and performed by Obrafour. A true and correct copy of this June 8, 2022 email from Mannis-Gardner to Obrafour (the "June
8, 2022 Clearance Email") is annexed hereto as EXHIBIT C.
36.
In the June 8, 2022 Clearance Email, Mannis-Gardner wrote to Obrafour that she was "currently working on a sample clearance for Republic recording artist Drake." Ex. C. Mannis-Gardner further wrote that "Drake has used samples from the above referenced song, identifying the song in which Drake "has used" such "samples" as a song entitled "Darkness
(working title)." Id. (emphasis added). Continuing, Mannis-Gardner wrote to Obrafour that "we
are seeking consent for both the master rights and publishing rights," a statement she immediately followed with a hyperlink that, when clicked, automatically directs one to a streaming
version of the Copyrighted Work that has been available on Spotify since in or about 2018. See id.
(emphasis added). After linking to the Copyright Work on Spotify, Mannis-Gardner further wrote that "the rights that we are looking to secure include the right to use this sample in our new composition in all audio configurations, now known or hereinafter devised, throughout the world, in perpetuity including music video rights and digital downloads and ring tones/ring
tunes." Id. (emphasis added).
37.
Mannis-Gardner sent the June 8, 2022 Clearance Email at the behest and on behalf of the Defendants, as an agent retained by Defendants for purposes of obtaining sample clearances. Upon information and belief, the Drake song she identified therein as "Darkness (working title)" which she stated contained a sample of the Copyrighted Work-is the song that was ultimately released with the song title "Calling My Name," i.e., the Infringing Work.
38.
On June 13, 2022, Obrafour had not yet responded to the June 8, 2022 Clearance Email, and Mannis-Gardner sent Obrafour a follow-up email simply stating, Hi confirming you received this email thanks [sic]" (the "June 13, 2022 Clearance Email"). The June 13, 2022 Clearance Email is annexed hereto as EXHIBIT D.
39.
On June 17, 2022, a fourteen-song studio album entitled "Honestly, Nevermind" by Drake was released by Defendants Drake, OVO, Republic, and Universal, only hours after Drake and OVO announced the album on social media. In doing so, Drake, OVO, Republic, and Universal released "Honestly, Nevermind" pursuant to an increasingly prevalent 'surprise' model
for high-profile commercial album releases, whereby an album is suddenly released by "surprise'-i.e., either with little or no notice or promotion to the consuming public. This surprise' release model stands in contrast to the traditional model for album releases, which typically involves a period of promotion and marketing-_or a "promo run'-leading up to the album's official, announced release date. The 'surprise' album release approach is designed to, among other things, create a sense of excitement and urgency among fans, who may feel compelled to buy or stream the album immediately in order to be among the first to hear it.
40.
Obrafour had not yet responded to the June 8, 2022 Clearance Email or the follow- up June 13, 2022 Clearance Email at the point when Drake's "Honestly, Nevermind" album was released on June 17, 2022. Nonetheless, the Infringing Work is one of the songs appearing on the "Honestly, Nevermind" album, as released to the world by 'surprise' on June 17, 2022.
41.
The Infringing Work appears on "Honestly, Nevermind" as the song entitled "Calling My Name," which prominently features an audio phrase taken directly from the sound recording of the Copyrighted Work. Specifically, the Infringing Work directly incorporates a vocal phrase that is audible at the immediate outset of the sound recording of the Copyrighted Work (the
"Sampled Phrase"). Upon information and belief, the Infringing Work had never been released performed, displayed, announced, or otherwise made publicly listenable or accessible prior to the "surprise' release of the "Honestly, Nevermind" album.
42
In the Sampled Phrase from the Copyrighted Work, a male voice with a distinct tone and accent is heard energetically repeating the following phrase:
"Killer cut, blood, killer cut." The phrase incorporates use of slang terms universally associated with hip-hop culture. In this lexicon, the Sampled Phrase can be understood as approximately saying, "Great song, brother, great song."I
43.
The copying of the Sampled Phrase in the Infringing Work is so direct in nature that the audio of the Sampled Phrase heard in the Infringing Work contains little or no audible manipulation, processing, or other alteration to its original character as heard in the Copyrighted
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