J Dilla’s 10cc Sample on Donuts Is the Subject of Copyright Infringement Lawsuit

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In 2006, J Dilla released his classic album Donuts days before his death. The LP featured a song called “Workinonit,” which samples 10cc’s 1974 song “The Worst Band in the World.” Now, Music Sales Corporation and Man-Ken Music, Ltd. (the latter of which owns the 10cc composition) are suing Universal Polygram International Publishing Inc. and E.P.H.C.Y. Publishing, for copyright infringement, Pitchfork can confirm.

According documents viewed by Pitchfork, the complaint was originally filed on March 20 of this year. In 2017, J Dilla’s “Workinonit” was used by Netflix in two separate Dave Chappelle specials from (Deep in the Heart of Texas and The Age of Spin). The complaint alleges that “Workinonit” “contains exact or substantially similar copies of multiple quantitatively and qualitatively substantial sections of the Composition,” adding, “J Dilla did not seek or obtain a license to use the Composition in any fashion.” The complaint also refers to Dilla’s song as “a work derivative of the Composition.”

The complaint also claims that defendants licensed the song to Netflix after “being informed of its infringing content.” Plaintiffs state that a demand letter was sent to defendants on July 18, 2017 regarding the licensing of the track, however “the parties have been unable to reach any resolution, thus
requiring the filing of this action.”

Plaintiffs seek to order defendants to “destroy or deliver up for destruction all materials in Defendants’ possession, custody, or control used by defendants in connection with Defendants’ infringing conduct.” The cost of damages sought by the plaintiffs have not yet been determined.

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