"90mh" (stylized in uppercase) is a 2019 song by American rapper Trefuego, featuring an unlicensed sample from the 1986 song "Reflections" by Japanese composer Toshifumi Hinata. Released through the distributor DistroKid,[1] its creator was sued by Sony Music for over $800,000 USD for copyright infringement.[2]
| "90mh" | |
|---|---|
| Song by Trefuego | |
| Released | March 9, 2019 |
| Genre | |
| Length | 2:23 |
Background and release
editA viral hit, 90mh was originally released in September 2019 by independent Arizona-based rapper, Trefuego, whose real name is Dantreal Daevon Clark-Rainbolt.[3]
Sony Music Entertainment Inc. took action in January 2021, notifying Trefuego of the “infringing nature” of 90mh. After he allegedly refused to remove the song, the company filed a copyright takedown request on August 9, 2022, to get it pulled from TikTok, YouTube and Spotify.[4]
In December 2022, Sony first sued Trefuego in an Arizona federal court but refiled the case on March 20, 2024 in a federal court in Texas.[4] The music company claimed that “Trefuego… simply stole Hinata’s musical composition and sound recording, using them without asking and without permission, all in flagrant violation of the United States Copyright Laws.”[3]
Ultimately garnering over 170 million Spotify streams and its use in at least 155,000 TikTok videos,[5] Sony won $802,997 USD in damages against the rapper.[6]
References
edit- ^ Stassen, Murray (March 28, 2024). "Rapper Trefuego used an unlicensed sample in his TikTok hit 90mh. Now the court is making him pay over $800,000 in damages to Sony Music". Music Business Worldwide. Retrieved May 25, 2024.
- ^ Millman, Ethan (March 28, 2024). "Sony Gets $800,000 in Damages Over TikTok Rapper's Infringement". Rolling Stone. Retrieved May 25, 2024.
- ^ a b Ingham, Tim (January 9, 2023). "The story of Trefuego's 90mh – and Sony's attempt to scrub it from the web". Music Business Worldwide. Retrieved May 25, 2024.
- ^ a b Donahue, Bill (March 22, 2023). "Sony Sues Creator of Viral TikTok Song Over Uncleared Sample: 'Flagrant Infringement'". Billboard. Retrieved May 25, 2024.
- ^ Donahue, Bill (March 27, 2024). "TikTok Rapper Must Pay Sony Music More Than $800K Over Unlicensed Sample, Judge Rules". Billboard. Retrieved May 25, 2024.
- ^ Poritz, Isaiah (March 28, 2024). "Sony Music Wins $800,000 Damages Award Over Viral TikTok Song". news.bloomberglaw.com. Retrieved May 25, 2024.