Legal

Kanye West Don't Care About White Daredevils.

MayorBob.

Posted to Legal on Sun Dec 31, 2006 at 09:33:21 AM EST (promoted by port1080). RSS.

Rap music and the world of daredevil stunts are not normally connected with one another.  But these aren't normal times as a rap star of the stature and fame of Kanye West decided to include imagery of himself performing high flying derring do on a recent rap video.  Ruh roh, the scenes from that video looked awfully familiar to iconic stunt artist Robert "Evel" Knievel.  As a result, the aging stunt artist has taken the rapper to court for "infringing his trademark."

The video causing all this stir is "Touch The Sky" (more on the story and link to video located on this page).  In the complaint (pdf doc) West is charged with using Knievel's distinctive wardrobe as he filmed himself attempting a rocket ride over a canyon similar to Knievel's famous 1974 attempt to rocket across the Snake River Canyon.  While portions of the video are dissimilar from the 1974 attempt -- Pamela Anderson wasn't there and Knievel didn't get limoed out to the launch site in a stretch Lincoln - the rest of it folded in the Knievel trademark up to Kanye playing a daredevil named "Kanyievel" in the film.

Hey, it was an homage to Knievel, was the line from West and Roc-A-Fella records.  It was no homage at all according to Knievel's attorney, Richard Fee, "more a rip off" was the way he described it.  Fee then gave a preview of how the case will likely be argued in court:

"Mr Knievel has a trademark on Evel Knievel and an extraordinarily well-recognized white jumpsuit.  Kanye West and Roc-A-Fella records are undoubtedly familiar with intellectual property rights.  Mr. Knievel is not too happy with it.  He wants to be compensated for the uses of his likeness and trademark."
The complaint also seeks to prohibit future airings of the video.  Knievel, who suffered more than forty broken bones over his career, is in failing health diagnosed with idiopathic pulmonary fibrosis.  He said the thing that caused him to launch his lawsuit was the rough language and the sexual imagery which he believed hurt his image as a role model for kids, "in my opinion, this video maybe reflects West and his way of life, but it's sure not mine."  This is not the first time the video and West have been the source of controversy.  When it didn't win an award at the European MTV awards, an angry West threw an on-camera hissy fit.

Tags: edited by Port1080, written by MayorBob, music, rap music, Kanye West, Evel Knievel (all tags)

This story: 5 comments (5 from subqueue)
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1

Simple math

Lou.

Sun Dec 31, 2006 at 11:07:59 AM EST

5.00 (funny)

"cost a million dollars, Pamela Anderson was in it. I was jumping across canyons."

Would someone inform Mr. West that 1 million times shit is still shit?  The same goes for Ms. Anderson and canyons...well, canyons are nice.

What a maroon.

It's the end of the world as we know it, and I feel fine

2

Re: Kanye West Don't Care About White Daredevils.

MayorBob.

Sun Dec 31, 2006 at 01:17:24 PM EST

none

Just wondering, is anyone really going to be confused that this is Kanye and not Evel in this rap video?  Does Knievel really believe there are kids out there who are going to be confused about who is who?  Does he believe there are any kids out there who even know who he is?

I wonder, did Knievel ever sue George Hamilton for the Grade B depiction of him as a drug fighting daredevil stuck in a movie with a bunch of Poseidon Adventure castoffs?  Did he ever sue his agent for roping him into this mess which featured most of the stunt scenes being performed by someone else?  The answers to both of these is no, of course.  I guess the remaining question I have about Knievel's pathetic legal stunt is why didn't he ever sue Super Dave Osborne (aka Bob Einstein) who based an entire career on shamelessly impersonating Knievel (and not in a necessarily laudatory manner)?

As far as West's video is concerned, paraphrasing Lou, a million dollars spent on shit just produces a more expensive turd.  

Illegitimi non carborundum.

5

^ 2

Daredevils, right...

nmiguy.

Wed Jan 03, 2007 at 11:31:09 AM EST

5.00 (funny)

Evel thinks HE'S a daredevil?  How about THIS?  You go into Kirstie Alley's bedroom, naked, with a large Italian sub with all the fixings strapped to your belly, and have your hands and feet bound to the bed posts.  Then you have Kirstie come into the room after spending all day doing Jenny Craig commercials.

THAT would prove his courage...

3

^ 2

Re: Kanye West Don't Care About White Daredevils.

Thalia.

Sun Dec 31, 2006 at 03:46:22 PM EST

none

Both of the movies were licensed by his company, though.  The question is whether the depiction of a daredevil in a particular kind of suit, doing a particular kind of stunt identifies Evil Knievel sufficiently that he can claim ownership of that particular image.  Trade mark/trade dress law is fun.

Thalia

4

Re: Kanye West Don't Care About White Daredevils.

thefadd.

Tue Jan 02, 2007 at 04:57:55 PM EST

none

While Knievel seemingly invented jumping over shit, I don't believe he patented the practice, the division of intellectual property law I'd guess such an action would fall under. I cursory search of the uspto online database, doesn't show a trademark held by anyone for a white jump suit, either. So it seems like the only traction Knievel has is the fact that West called himself Kanyievel. Given that shows like South Park get away with this crap on a regularly basis claiming parody, I'm guessing Knievel doesn't have the best case. Where West's people go wrong, though, is in claiming "homage" instead of parody. This falls more into the area of "sampling" instead of steaking their claim in the strong parody ground. Sampling is pretty up in the air and probably the biggest legal gray area of all, with rapper Vanilla Ice getting slammed for "sampling" Bowie but plenty of other rappers sampling each other all the time. The interesting issue again is the artistic/cultural differences that smile more upon sampling in american black culture back to african cultural roots as opposed to the "ownership" of ideas ingrained in anglo-saxon identity. In the end, though, Knievel has a pretty weak case that smacks of a dying man's desperation for money and just a tinge of the generation gap that some times comes across as racism from the old white guard of the entertainment industry.

escalators never fail; they just become stairs

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