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The Price of Fame: Mariah Carey and Kanye West Face Copyright Infringement Lawsuits
The Price of Fame: Mariah Carey and Kanye West Face Copyright Infringement Lawsuits
By Almuhtada Smith
San Francisco musician Preston Marshall’s copyright infringement lawsuit over the Mariah Carey song “My Love” will live to see another day. Mr. Marshall filed his infringement lawsuit in April 2010, naming John Huffman; Mariah Carey; Terius Youngdell Nash, also known as The-Dream; UMG Recording Inc.; musician Carlos McKinney; and Huffman’s company Real Content Group LLC as defendants. Mr. Marshall alleges that music executive John Huffman stole his song “Are You The One” and provided it to the musicians who then turned it into the 2009 hit record.
On August 20, 2012, U.S. District Judge Susan Illston refused to dismiss Mr. Marshall’s claims holding that Mr. Marshall had sufficiently pled his allegations of unauthorized distribution of his copyrighted work.
What is copyright infringement?
Generally, copyright infringement occurs when a copyrighted work is reproduced, distributed, performed, displayed, or made into a derivative work without the permission of the copyright owner.
In order to prove copyright infringement, a plaintiff must demonstrate that a defendant not only had access to the plaintiff’s song, but also that the two songs are substantially similar.
While Mr. Marshall’s suit lives on, songwriter Vincent Peters wasn’t as fortunate on the same day. On June 25, 2010 Vincent “Vince P.” Peters filed a lawsuit against Kanye West in the United States District Court for the Northern District of Illinois. Mr. Peters’ copyright infringement suit alleged that Kanye West stole his 2007 hit “Stronger” after he sent a copy of his own song called “Stronger” to West’s business manager. On August 20, 2012, the U.S. Court of Appeals for the Seventh Circuit held that although Kanye West did have an opportunity to copy Peters’ song, Peters did not prove that the songs were substantially similar.
West cited the use of German philosopher Nietzsche’s maxim, “What doesn’t kill us makes us stronger”, by other artists such as Kelly Clarkson in support of his contention that the language was so widely quoted it could not be copyright infringement.
Judge Diane Woods’ opinion states “Although the fact that both songs quote from a 19th century German philosopher might, at first blush, seem to be an unusual coincidence, West correctly notes that the aphorism has been repeatedly invoked in song lyrics over the past century” and “[n]otably, an even more recent popular song—one that held the top spot in the Billboard Hot 100 chart at about the same time as oral argument in this case—also shares this key feature with both West’s and Vince P’s songs.”
What does a music copyright owner stand to gain from a copyright infringement lawsuit?
The largest award in history for plagiarism in the music industry is 5.4 million dollars, awarded to the Isley Brothers. In 1991, Michael Bolton released a song under the name “Love is a Wonderful Thing”. However, the Isley Brothers’ song was released in 1966 under the exact same name. The Isley Brothers brought suit against Michael Bolton for allegedly plagiarizing parts from their original song “Love is a Wonderful Thing” and a jury awarded 5.4 million dollars in damages. The calculation was based on sixty-six percent of past and future royalties, and twenty-eight percent of past and future royalties of the Michael Bolton album ‘Time, Love and Tenderness’ as “Love is a Wonderful Thing” is a song from that album.
Marshall alleges that Carlos McKinney, The-Dream and Mariah Carey made “My Love” by lifting significant parts of his song “Are You the One”. The song has sold more than 100,000 downloads and is contained within The-Dream’s album ‘Love vs. Money’, which reached No. 2 on the Billboard charts, the suit said.
If successful, Marshall will be entitled to past and future royalties from the song “My Love” and past and future royalties from The-Dream’s album ‘Love vs. Money’.
About Almuhtada Smith
Mr. Smith is an attorney in downtown Los Angeles with Adli Law Group P.C. His practice is focused on intellectual property and entertainment litigation and transactions. Prior to joining Adli Law Group, Mr. Smith began his legal career at The Cochran Firm, founded over 40 years ago by famed attorney, Johnnie L. Cochran, Jr.
Contact: almuhtada.smith@adlilaw.com
Web: www.adlilaw.com
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