1 Comment

Marcus Gray v. Katy Perry: court rules ostinato in “Joyful Noise” not copyrightable

nftjedi

On March 16, 2020 the U.S. District Court for the Central District of California reversed a $2.78 million jury verdict against Katy Perry for copyright infringement based on the similarities in the ostinato (“a short musical phrase or rhythmic pattern repeated in a musical composition”) in her song “Dark Horse” and a song by Marcus Gray aka Flame.  On November 1, 2016, Gray, a Christian rap artist, and his co-authors sued Katy Perry in their third amended complaint for “copying constituent elements” from the ostinato in his song “Joyful Noise.”[1] In considering Perry’s motion for judgment as a matter of … Continue reading Marcus Gray v. Katy Perry: court rules ostinato in “Joyful Noise” not copyrightable

Leave a comment

Music Force v. Lil Nas X (“Carry On”)

nftjedi

On July 24, 2019, The Music Force (TMF), a Nashville based company, filed a claim of copyright infringement against Lil Nas X (Montero Lamar Hill) and Sony Music, Lil Nas X’s record company. TMF’s complaint alleges that Lil Nas X’s song “Carry On” infringed the copyright to Billy Caldwell’s 1982 song “Carry On.” The complaint was filed in the Central District of California and seeks at least $10 million in damages. TMF owns the rights to the song “Carry On” by Billy Caldwell, including the copyright, which was registered in the Copyright Office in 1982. Caldwell is best known for … Continue reading Music Force v. Lil Nas X (“Carry On”)

Leave a comment

Yeasayer v. Weeknd, Kendrick Lamar (“Pray for Me” from Black Panther movie)

nftjedi

On February 24, 2020, Yeasayer, a Brooklyn-based band that split up in 2019, filed a complaint against Kendrick Lamar and the Weeknd. The complaint alleges that Lamar and the Weeknd’s 2018 song “Pray For Me” from the superhero film “Black Panther” sound track, infringed the copyright of Yeasayer’s “Sunrise” from 2007 by copying a distinctive choral performance from “Sunrise.” The Complaint (para. 17) describes it as follows: “[It is] comprised of male voices singing in their highest registers, with animated, pulsing vibrato, and developed via distinctive audio post-processing.” Yeasayer sued Lamar, the Weeknd, Doc McKinney, Adam King Feeney, and UMG … Continue reading Yeasayer v. Weeknd, Kendrick Lamar (“Pray for Me” from Black Panther movie)

Leave a comment

Don Lee v. Lil Nas X and Cardi B (Rodeo)

nftjedi

On Oct. 4, 2019, Don Lee and Glen Keith DeMeritt III, two Atlanta based producers (collectively, Lee), sued Lil Nas X, Cardi B, their label Sony Music, and others. Lee asserts that Lil Nas X and Card B’s hit song “Rodeo” infringes the copyright to Merritt and Lee’s recording called “gwenXdonlee4-142.” According to the Complaint, filed in the Southern District of New York, the copyrighted work consists of “Plaintiffs’ hip-original content, including drum patterns and bass lines with melodic lines and harmonies in unique and compelling ways.” Lee then marketed the hip-hop work for use by others in the Atlanta … Continue reading Don Lee v. Lil Nas X and Cardi B (Rodeo)

Leave a comment

Steve Ronsen v. Lady Gaga (“Shallow”)

nftjedi

On August 8, 2019, Page Six reported that Steve Ronsen, a relatively unknown artist, accused Lady Gaga of copying a 3-chord progression (G, A, B) from his 2012 song “Almost.” The same progression was allegedly used in Lady Gaga’s 2018 hit song “Shallow,” which won an Oscar for Best Original Song in 2019. Compare “Almost” with “Shallow” below. Ronsen has not filed a lawsuit yet but reportedly has sought a monetary settlement (and likely songwriting credit) from Lady Gaga. If a lawsuit is filed, Ronsen would have to prove (1) Lady Gaga or her co-writers copied protected expression from Ronsen’s … Continue reading Steve Ronsen v. Lady Gaga (“Shallow”)

Leave a comment

Josh Stone v. Ariana Grande (“7 Rings”)

nftjedi

On Jan. 16, 2020, Josh Stone, who wrote “You Need It I Got I,” sued Ariana Grande for her hit “7 Rings” alleging that Grande’s song extensively copied the chorus and hook of Stone’s song, including rhythmic and lyrical elements that show a pattern that “consistently include identical metrical placements within each composition.” Stone alleges that the defendants willfully infringed his copyright. Stone sued Grande, her seven co-authors of “7 Rings,” BMG Rights Management, Universal Music Corporation, and four other music publishers who allegedly own portions of “7 Rings” (collectively, “Grande”). The complaint was filed in the Southern District of … Continue reading Josh Stone v. Ariana Grande (“7 Rings”)

Leave a comment

Sean Hall v. Taylor Swift (“Shake It Off”)

nftjedi

On Sept. 18, 2017, Sean Hall and Nathan Butler, who wrote “Playas Gon’ Play,” sued Taylor Swift for copyright infringement alleging that her hit song “Shake It Off” copied a couple short lines of lyrics from their song. The trial court described Hall and Butler’s allegations as follows: Hall and Butler are co-authors and copyright owners of the musical composition titled Playas Gon’ Play. 3LW, an all-girl group that gained popularity in the early 2000s, performed Playas Gon’ Play and released it to the public in May 2001. Playas Gon’ Play peaked at number 81 on Billboard’s Hot 100 chart and, on March 7, … Continue reading Sean Hall v. Taylor Swift (“Shake It Off”)

Leave a comment

Lizzo (“Truth Hurts”) v. Justin Raisen

nftjedi

On Oct. 23, 2019, Lizzo (Melissa Jefferson) sued Justin Raisen, Jeremiah Raisen, Justin Yves Rothman, and others in a declaratory judgment action seeking a court’s declaration that the defendants have no rights to her belated runaway hit song “Truth Hurts.” The case was filed in the Central District of California. Lizzo’s Complaint alleges: After years of hard work, she attained breakthrough commercial success earlier this year. Shortly thereafter, during the summer of 2019, her song “Truth Hurts,” first released back in 2017, started to rise in the charts. Last month, just as the song hit No. 1 on the Billboard … Continue reading Lizzo (“Truth Hurts”) v. Justin Raisen

Leave a comment

Lela Weems v. Tyler the Creator (“Deathcamp”) settled

nftjedi

On March 23, 2018, Lila Weems sued Tyler the Creator (Tyler Okonma), Sony Music, Sony ATV Publishing and others for allegedly infringing the copyright to the 1971 song “Why Can’t There Be Love,” composed by the late Herman Weems and sung by Dee Edwards. Lila Weems, the successor to the copyright to the song, alleges that Tyler sampled it in his 2015 hit “Deathcamp,” the lead single to his third studio album “Cherry Bomb.” Settlement: On May 22, 2018, the parties quickly settled the case. Although the terms of the settlement were not disclosed, Herman Weems is listed for songwriting … Continue reading Lela Weems v. Tyler the Creator (“Deathcamp”) settled