Spotify Asks Judge to Dismiss MLC Lawsuit Over Audiobook Royalty Rates
August 29, 2024
Spotify has filed a motion to dismiss a lawsuit brought by the Mechanical Licensing Collective (MLC) in the Southern District of New York. The MLC alleges that Spotify mischaracterized its Premium service as a Bundled Subscription Offering by adding audiobook access to reduce the amount of Service Provider Revenue reported, which would subsequently reduce the royalties paid. The MLC claims that despite the addition of audiobooks, the Premium service remains essentially the same and should not be classified as a Bundled Subscription Offering for royalty calculations.
Spotify argues that the lawsuit is “meritless” and asserts that the addition of audiobooks offers substantial value to subscribers, justifying a bundled royalty rate. The MLC alleges that Spotify’s actions could lead to significant financial losses for songwriters and publishers.
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Tags: Litigation, Royalties
Journey Members Jonathan Cain and Neal Schon Agree to Appoint Neutral Party to Resolve Disputes
August 28, 2024
The rock band Journey’s bandmates Jonathan Cain and Neal Schon are entangled in a legal dispute over financial matters. The band is notorious for engaging in legal battles between the bandmates. The lawsuit, filed in Delaware Court of Chancery on July 24, involves accusations of mismanagement and unauthorized spending related to the band’s finances. This is a second case after Schon claims that Cain has restricted his access to the band’s financial records and used funds for personal expenses back in 2022. Cain sued him back a few months later claiming that the restrictions were necessary to prevent Schon from exuberant spending on the company card. This case deals more specifically with the governance of Freedom 2020 Inc., which is the Delaware-based corporate entity that operates the band’s touring. Since both members, Cain and Schon each control exactly 50% of the company, the lawsuit alleges that both have reached an impasse that has now affected the band’s operations.
As of August 28, 2024, Cain and Schon have agreed to appoint a neutral third party, Joseph R. Slights, to resolve internal disputes that have been causing operational deadlock within the band. Slights, a former Chancery Court judge, will now have the power to cast tie-breaking votes in corporate disputes. Slights will also be able to “retain advisors or professionals, including music-industry advisors, attorneys, accountants, and other professionals,” when acting as custodian.
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Tags: Litigation, Corporate Disputes, Band Disputes
Judge Rules Missy Elliott Must Face Trial Over Co-Writer Claims
August 28, 2024
Judge Nitza I. Quiñones Alejandro has ruled that the trial for a lawsuit brought by Terry Williams against Missy Elliott will proceed. Williams, a previous producer of Elliott’s claims to have co-written five of Elliott’s songs from her 1990 R&B group Sista without receiving credit. Elliott claims that four of the five allegedly co-written songs were produced and written before she had even met Williams. Judge Quiñones Alejandro dismissed claims related to the song “Heartbroken” due to the statute of limitations, noting that Williams waited until 2018 to sue, even though he claims he has known for decades that he wasn’t given credit for the co-writing. The Judge dismissed Elliott’s request for summary judgment and ordered a final pretrial conference by November 13, 2024.
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Tags: Litigation, Credit, Royalties
Joey Ramone’s Brother Sues Johnny Ramone’s Widow Over Ramones’ Legacy
August 26, 2024
In a new lawsuit filed in the Eastern District of New York, Joey Ramone’s brother, Mickey Leigh, accuses Johnny Ramone’s widow, Linda Cummings-Ramone, of violating trademark law by falsely presenting herself as the key figure in the rock band Ramones’ legacy. Both parties hold exactly half of the band’s holding company and are executors of Joey’s and Johnny’s respective estates. The legal battle initially began in January 2024 when Cummings-Ramone sued Leigh over allegations of an unauthorized Netflix biopic (this case is still pending).
Leigh alleges that Cummings-Ramone has overstepped agreements and is misleading the public about her role in the band’s history. Despite previous legal proceedings and agreements that regulate Cummings-Ramone’s use of the Ramone name, Cummings-Ramone continues to violate them.
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Tags: Litigation, Estates, Reputation and Legacy
Shaboozey Sues Warner Chappell for Breach of Contract Over Exit Clause Dispute and Ex-Label Sues Shaboozey Back for Fraud and Misrepresentation
August 26, 2024
Shaboozey, who recently gained attention with the song “A Bar Song (Tipsy)”, has filed a lawsuit against Warner Chappell in the California Superior Court, claiming the company is obstructing his efforts to exit his contract by refusing to provide necessary financial information. The case centers on an acceleration clause in his contract that allows early termination by repaying 110% of advances. Shaboozey also names his former label, Kreshendo Entertainment, as a defendant, alleging they are preventing Warner from disclosing the required details.
The dispute escalated with Kreshendo filing a countersuit in the same California Superior Court, accusing Shaboozey of using fraud and bad faith to avoid his contractual obligations after his song “A Bar Song (Tipsy)” began receiving massive public attention. The company admitted that it had released Shaboozey from his record deal in 2019 but argued that the release from the contract contained conditions, including Kreshendo owning a 50% stake in all of the singer’s compositions and retaining the right to be paid a percentage of profits from his master recordings, which Shaboozey has failed to pay.
Further Resources:
- Billboard Kreshendo Suit
- Billboard Shaboozey Suit
- Docket (Shaboozey v. Kreshendo)
- Docket (Kreshendo v. Shaboozey)
Tags: Litigation, Contracts
OutKast Sues EDM Duo ATLiens Over Trademark Infringement
August 23, 2024
The rapper duo, OutKast has filed a trademark infringement lawsuit against the EDM duo ATLiens in the Northern District of Georgia for trademark infringement and unfair competition. OutKast alleges that the duo’s name is identical to OutKast’s 1996 hit song and that it confuses consumers and infringes on their trademark. OutKast claims that the EDM duo chose the ATLiens name to capitalize on the mark’s fame and goodwill. They also note that the space and alien themes in the duo’s promotional materials and merchandise further infringe on OutKast’s trademark and reinforce the likelihood of consumer confusion.
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Tags: Trademark, Litigation
Trump Campaign Deletes Video Using Beyoncé’s “Freedom” After Cease-and-Desist
August 21, 2024
Beyoncé’s label sent a cease-and-desist to Donald Trump’s campaign for using her song “Freedom” in a campaign video without permission. The video was posted by Trump Campaign’s spokesperson on X and has since been deleted. The video featured the former President along with Beyoncé’s “Freedom” playing in the background. The song has also been featured in Kamala Harris’s campaign ads, but the use in those advertisements was authorized by Beyoncé. This incident follows similar unauthorized uses of songs by Trump, including a notice of copyright infringement over Isaac Hayes’s “Hold On I’m Coming”. This news comes right after a controversial photo retweeted by Trump that included AI-generated images of Taylor Swift appearing to endorse his campaign.
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Tags: Copyright Infringement, AI, Unauthorized Use
Vans and MSCHF Settle Trademark Lawsuit Over Tyga’s “Wavy Baby” Sneakers
August 21, 2024
Vans and Brooklyn art collective MSCHF have settled a trademark lawsuit filed in the Eastern District of New York over the Tyga “Wavy Baby” sneakers. MSCHF, which has faced several trademark lawsuits, released the sneakers in 2022 in collaboration with rapper Tyga. Vans claimed the shoes were a “blatant” infringement of their iconic Old Skool shoe style. MSCHF argued their shoes were a legal parody protected by the First Amendment, claiming their design was a critique of “sneakerhead” consumer culture. The parties reached a settlement agreement on August 20, with MSCHF agreeing to a permanent injunction from selling the sneakers.
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Tags: Litigation, Trademark,
Kanye West Settles Sampling Lawsuit with Boogie Down Productions Over “Life of the Party”
August 20, 2024
Rapper Kanye West (Ye) has settled a lawsuit filed in the Southern District of New York with Phase One Network, owners of Boogie Down Productions’ copyrights, over the use of an uncleared sample in his song “Life of the Party”. The lawsuit alleged that Ye used elements of the 1986 track “South Bronx” without proper licensing. While both sides have agreed to dismiss the case and cover their own legal costs, the lawsuit continues against other defendants involved with the song’s release on the Stem Player platform. This is one of several copyright suits filed against Ye in the last couple of months, amid rumors and claims of his erratic behavior while producing and releasing music.
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Tags: Litigation, Corporation, Copyright, Illegal Sampling
Adidas Wins Dismissal of Securities Fraud Lawsuit Over Kanye West Partnership
August 19, 2024
A federal judge in the District of Oregon dismissed a class-action lawsuit against Adidas, which claimed the company violated securities laws by not disclosing issues with rapper Kanye West (Ye) before their partnership ended in 2022. The case claimed that Adidas knew about serious issues with Kanye West in 2018 but failed to disclose them to investors who faced losses due to West’s public and erratic behavior in 2022. Judge Karin Immergut who was overseeing the case noted that although the behavior was “troubling” that it had happened at Adidas, it did not rise to the level of securities fraud for Adidas to not disclose the behavior to investors.
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Tags: Litigation, Corporation, Investor Relations, Securities Fraud
Barry Manilow Sued by Hipgnosis for Alleged Breach of Catalog Deal
August 14, 2024
Iconic singer Barry Manilow has filed a lawsuit against Hipgnosis Song Fund over a dispute related to bonus payments from the acquisition of Manilow’s catalog. This case, which is filed in the Central District of California, comes in response to a case filed in London’s High Court by Hipgnosis where Hipgnosis accused Manilow of breach of contract. The California case involves allegations of breach of contract, fraudulent misrepresentation, and negligent misrepresentation. According to the complaint, Manilow alleges the original contract for the sale of his catalogue entitled him to a one-time payment of $7,500,000.00 and two additional bonuses of $750,000.00 if certain benchmarks were met. Manilow alleges despite these benchmarks being met, he has yet to receive his two additional bonuses. Hipgnosis’s public statement on the matter is that it is a routine commercial issue, emphasizing their respect for Manilow and confidence in a fair resolution.
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Tags: Litigation, Corporation, Catalog Sales, Contracts
Mariah Carey Sued for Copyright Infringement over song All I Want for Christmas Is You
August 13, 2024
A lawsuit against pop singer Mariah Carey regarding her iconic holiday hit “All I Want for Christmas Is You” has been dismissed. Songwriter Andy Stone also known as Vince Vance filed a second lawsuit against Mariah Carey in the Central District of California for copyright infringement claiming that the infamous song “clones” half of his own 1989 song under the same name. The original lawsuit was filed in 2022 and then dropped without prejudice: this current lawsuit has Troy Powers who is a co-writer of the song.
Carey has currently filed a motion for summary judgment arguing that Vance’s claims fail the Ninth Circuit Court of Appeal’s “extrinsic test for substantial similarity in protectable expression”. She also claims that the similarities between the two songs are unprotectable elements because they are “fragmentary and commonplace building blocks of expression that Vance and Carey use differently in their overall different lyrics and music”
Further Resources:
- Billboard
- Docket
- Complaint
- Vince Vance & The Valiants – “All I Want for Christmas Is You”
- Mariah Carey – “All I Want For Christmas Is You”
Tags: Litigation, Copyright,
Pitbull Faces Lawsuit Over Alleged Copying of I Feel Good Track
August 9, 2024
Pop singer Pitbull is being sued for allegedly copying elements of an earlier track in his song I Feel Good. The case, filed in the Southern District of New York, claims that significant parts of the song were taken from All Surface Publishing’s song “Samir’s Theme” without permission. All Surface Publishing alleges both songs feature similarities in melody, harmony, melodic structure, tempo, musical arrangement and percussion. They also allege that Pitbull and the producer of the infringing track, DJ White Shadow had access to the track when All Surface Publishing sent the “Samir’s Theme”directly to DJ White Shadow in 2011.
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Tags: Litigation, Copyright, Illegal sampling
Beyoncé Cleared in “Break My Soul” Sample Lawsuit as Accusers Drop Case
August 8, 2024
The lawsuit accusing Beyoncé of using an unauthorized sample in “Break My Soul” has been dropped by the plaintiffs. The case, filed in the Eastern District of Louisiana, was filed by the members of the Da Showstoppaz over the alleged infringement of their 2022 song “Release A Wiggle”. They claim that although Beyoncé had legally sampled from a different song called “Explode” by rapper Big Freedia, Big Freedia had actually illegally sampled several key lyrics from them. Da Showstoppaz argue these key lyrics were unique phrases that should be eligible to copyright protection. However, the case was voluntarily dismissed and did not end up going to trial.
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Tags: Litigation, Copyright, Illegal sampling
TikTok Sued by U.S. Justice Department Over Children’s Data Privacy
August 2, 2024
The U.S. Justice Department and the Federal Trade Commission has filed a lawsuit against TikTok, alleging violations of children’s data privacy laws. The complaint was filed in the Central District of California. The lawsuit claims that TikTok collected personal information from minors without proper parental consent, contravening the Children’s Online Privacy Protection Act (COPPA). The Justice Department is seeking penalties and measures to ensure compliance with privacy laws. This legal action highlights the growing scrutiny of social media platforms and their handling of user data, especially concerning minors.
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Tags: Litigation, DOJ, Social Media, FTC
Juice WRLD’s Estate Faces Lawsuit Over “Girl of My Dreams” Royalties
August 1, 2024
The estate of Juice WRLD is being sued over unpaid royalties for the song “Girl of My Dreams”. by the producer Joshua Jaramillo. The lawsuit was filed on July 31 in the California Superior Court where Jaramillo alleges he was promised a 5% ownership stake and an additional 1% producer royalty and has yet to be paid. The song was released on Juice WRLD’s posthumous 2021 album with collaboration of Suga from BTS. This is the second case against Juice’s estate in the last year.
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Tags: Litigation, Royalties