According to the New York Daily News, rapper Kanye West is in some pretty hot water in the legal department. It would seem that Ricky Spicer, who was a part of the Cleveland-based teen R&B group Ponderosa Twins Plus One, has filed suit in Manhattan Supreme Court this Monday.
Spicer is demanding that the rapper either pay him what he is entitled to for the misappropriated use of the sample, or to cease and desist.
The Ponderosa Twins Plus One consisted of the Pellham Twins, Alvin and Alfred, the Gardner Twins, Keith and Kirk, as well as Spicer; the plus one.
If you take a look back into the Ponderosa Twins Plus One’s discography, they recorded an album entitled 2+2+1 = Ponderosa Twins Plus One which was released in 1971. On that album was a song entitled “Bound.” In the song, you will hear something very familiar. Not only is the background beat very similar, the “Fallin’ in Love” refrain, which was sang by Spicer, is exactly the same.
In addition to West, the suit also names Island Def-Jam Music, Rhino Entertainment, Roc-A-Fella Records, and Universal Music Group as defendants in the case.
“Mr. Spicer’s voice is sampled exactly as he recorded it and his voice,” says the suit.
Still not sure what to think? Well, take a listen for yourself. The first one is the 971 original version of the song. The second is “Bound 2” by Kanye West.
Now that you have had the opportunity to hear both, what do you think? Do you think Kanye knew that he had not acquired the proper permissions to sample the track, or do you think this is a simple miscommunication between the rapper and the powers that be? Let us know what you think.