Bad Boy Loses Sampling Suit

A Nashville federal judge March 17th ordered a halt to the sales of late rapper Notorious B.I.G.’s Ready To Die after a jury decided the album’s title track used part of an Ohio Players tune without permission.

Jurors decided that Bad Boy Entertainment and executive producer Sean “Diddy” Combs illegally used a snippet of Ohio Players’ 1992 song “Singing In The Morning” in B.I.G.’s “Ready To Die.”

The jury awarded $3.5 million in punitive damages and $773,000 in direct damages plus interest to the owners, Michigan-based Bridgeport Music and Westbound Records.

Barring further sales of 1994’s Ready To Die means the album won’t be available on CD or digital download. U.S. District Judge Todd Campbell said the decision was necessary to “vindicate the integrity of the copyright law,” according to The Tennessean.

According to court documents, Bad Boy reps reportedly didn’t deny they sampled without permission. But defense attorney Jay Bowen said the ruling was disappointing.

“We think [the verdict] is without merit and we plan to appeal immediately,” he said.

Bridgeport Music and Westbound Records filed the suit against Bad Boy Entertainment, Bad Boy LLC, Justin Combs Publishing and Universal Records. Biggie’s (real name: Christopher Wallace) estate was originally sued, but was later dropped as a defendant.

The suit was one of hundreds the two companies – both owned by Armen Boladian – have filed in Nashville over sampling. Most of the suits have been settled out of court.

“Not only did they take it willfully, but they didn’t credit it,” said Richard Busch, a lawyer for Bridgeport and Westbound. “We’re glad the jury listened very closely to the evidence and found appropriately for Westbound and Bridgeport.”

Both companies own the rights to music by the Ohio Players, George Clinton and others.

“We’ve been battling this for such a long time,” Boladian said. “So many have been settled because companies didn’t want anything to do with it, and we knew we were right.”