Time to pay!

Kirk Edwards, DJ JMK, sues Cardi B, French Montana, Yo Gotti, and others for coyright infringement for allegedly sampling his track, “Choppa Style,” without paying. Cardi B and City Girls sampled Edward’s track in their song, “Twerk.” Edwards claims he was never paid for the samples. He alleges Cardi B and City Girls “misappropriated many of the recognizable and key protected elements” of his track.

The elements of a copyright infringement claim are ownership of the copyright and actual copying by the defendant. Copying is usually proven circumstantially through evidence of access and substantial similarity. Edwards claims he made his instrumental version in November 2000 and played it at clubs. This is one way to prove access but sees like and attenuated argument at best. After listening to both songs, I do not hear substantial similarities in the two songs. However, the judge will be able to see the note structures of each song and compare them. Stay tuned to find out when the court date will be and to find out whether Edwards has a legitimate claim.

Below are links to both songs, which I think are not substantially similar.