A Harlem Shake Infringement

Originally posted 2018-11-19 11:20:20

By Tasha Schmidt | amdlawgroup.com

Have you heard of the “Harlem Shake?” The “Harlem Shake” is more than just a really popular video. Voices being heard in the background of the viral Internet hit on “Harlem Shake,” have caused quite the uproar. One of the individual’s whose voice can be heard in the video, Hector Delgado, received a surprise phone call from his former manager stating that his voice could be clearly heard in the background of the song “Harlem Shake.” The song has gone viral on the Internet and now has managed to make its way to the top of the pop charts. However, Hector Delgado is no longer a Reggaeton artist. He gave this up to become an evangelical preacher in Puerto Rico.

 This also happened to Jason Musson, who was informed by a former member of their rap group called Plastic Little, that his voice is also heard saying, “Do the Harlem Shake!” The catch is that neither individual gave permission to the song’s writer and producer. Those that produced the song simply just used little parts of other records and put them together. Both individuals are seeking compensation as they feel their voices and ideas to some extent have been used without permission.

 It is interesting how such an obscure song could gain so much popularity and momentum and then land itself in a possible copyright violations case.  Obtaining license is the routine and regular practice in the music industry. A license is needed most of the time from both the music publisher and the record label. The single was release by Mad Decent Records and many people feel that what happened here was an intellectual property rights violation. It is fascinating to think about how with the constant use and popularity of YouTube, and sites similar to it, how many copyright infringements could and may get broken.

AMD Law is there to assist you if you need guidance concerning your intellectual property rights.  

New York Times, http://www.nytimes.com/2013/03/11/arts/music/baauers-harlem-shake-hits-no-1-with-unlicensed-samples.html?_r=0