Day: June 6, 2013

Dear Sony Music, Thanks for reaching out. The fact that our small independent label warranted the resources of your legal team speaks to our work ethic and we appreciate the validation. In response to your copyright infringement claim over Gummy Soul’s Bizarre Tribe; A Quest To The Pharcyde by Amerigo Gazaway (“Bizarre Tribe”), understand the vast majority of the samples used to create Bizarre Tribe were not taken from the catalog of A Tribe Called Quest (“ATCQ”). What your diligence failed to uncover is that Gummy Soul is not in the business of merging one artist’s instrumentals with vocals of another. Had one of the six Sony attorneys copied in your email deemed it necessary to listen to Bizarre Tribe before pursuing legal action, you would know that our projects are much more nuanced. To be clear, the re-orchestrated instrumentals on Bizarre Tribe were sourced from the original jazz, soul, and funk recordings SAMPLED by ATCQ, allowing Amerigo to create his own, distinct production within a similar framework. Given the brief and limited use of ATCQ material on Bizarre Tribe (around 2 minutes of material out of a 55 minute album), and the method by which our reinterpretations are created, it is clear that Amerigo’s effort is protected under the fair use exception of copyright infringement. We would further add that the presence of documentary style sound-bites, interviews, and news clips included on Bizarre Tribe to provide a narrative of the group’s history and commentary on their work only further