Young Thug Judge Recusal, Nirvana Logo Battle, Beastie Boys v. Chili’s & More Top Music Law News
Written by djfrosty on July 16, 2024
This is The Legal Beat, a weekly newsletter about music law from Billboard Pro, offering you a one-stop cheat sheet of big new cases, important rulings and all the fun stuff in between.
This week: Young Thug’s criminal trial is in chaos after the judge is forced to recuse himself; Nirvana ends a long-running lawsuit over its famed smiley face logo; the Beastie Boys launch a copyright battle against Chili’s over “Sabotage”; and much more.
THE BIG STORY: Young Thug Trial Judge Removed From Case
The controversial, oft-delayed, never-normal criminal trial of Young Thug got another stunning twist this week, when the Atlanta judge overseeing it was ordered removed from the case.
Judge Ural Glanville’s recusal came a month after revelations of a secret “ex parte” meeting between the judge, prosecutors and a key prosecution witness. Attorneys for Thug and other defendants had argued that Glanville aided prosecutors in coercing the witness to testify and that the meeting had violated their constitutional rights to a fair trial.
In her decision Monday (July 15), Judge Rachel Krause ruled that the secret meeting had not been “inherently improper” and that Glanville “can and would continue presiding fairly over this matter” if left on the case. But she criticized him for his handling of the fallout from the meeting revelations, and ordered him to step aside for the sake of “preserving the public’s confidence in the judicial system.”
That’s all well and good, but the public’s confidence has already repeatedly been tested by the case against Young Thug.
The sprawling racketeering case, which claims the rapper and dozens of others ran a violent Atlanta street gang called YSL, has meandered through the court system for more than two years — first through an unprecedented 10-month jury selection and then repeated delays and disruptions, including the stabbing of another defendant. Prosecutors have only presented part of their vast list of potential witnesses, and nobody expects the case to conclude early next year. All the while, Young Thug has sat in jail, repeatedly denied bond by Glanville.
What happens now is anybody’s guess. With a new judge already set to take over (Judge Shakura L. Ingram was listed on the court docket by late Monday) defense attorneys will likely re-file their requests that Thug and the other defendants be released on bond. They will also likely renew their demands for a mistrial over Glanville’s handling of the case — a motion that, if granted, would force prosecutors to start the entire massive case over from scratch.
THE OTHER BIG STORY: Nirvana Settles Logo Battle
An epic, three-way legal battle over Nirvana‘s iconic smiley face logo is over.
For years, lawyers for the rock legends had been locked in sprawling litigation over the image, which emerged as an unofficial emblem for the band in its heyday and has only grown more valuable in recent years amid a boom in ‘90s/’00s nostalgia.
First, Nirvana sued fashion designer Marc Jacobs in 2018 for using it without permission on grunge-themed apparel. Then, a designer at Geffen Records named Robert Fisher came out of the woodwork to argue that he — and not Kurt Cobain — had created the image and owned the rights to it.
“For 30 years now, Nirvana has reaped enormous profits from Mr. Fisher’s works,” his lawyers wrote when he jumped into the case in 2020. “Nirvana was able to do so without any compensation to Mr. Fisher by falsely claiming authorship and ownership.”
Nirvana’s attorneys staunchly maintained that Cobain designed the logo — or at the very least, that Fisher didn’t own any rights to it. But those questions are moot now: Attorneys for all three sides filed a motion last week saying they had reached a settlement to end the case.
Go read our full story on the settlement, which recounts the back story of a case that probed into the creative origins of one of rock’s best-known pieces of iconography.
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Other top stories this week…
CAN’T STAND IT – The Beastie Boys sued the owner of Chili’s over allegations that the restaurant chain used the rap trio’s 1994 song “Sabotage” in a social media advertisement without permission — an especially serious allegation from a trio that famously doesn’t allow its music to appear in ads. The offending content? An apparent spoof of the iconic “Sabotage” video featuring a restaurant heist and 1970s-era disguises.
LABELS SUE VERIZON – The major music companies filed a massive copyright case claiming the telecom giant effectively encouraged its internet subscribers to steal music on a “staggering” scale. Seeking billions in damages, the case is the latest in a long series of lawsuits aimed at forcing ISPs to crack down on “repeat infringers.” And it came with a zinger: “While Verizon is famous for its ‘Can you hear me now?’ advertising campaign, it has intentionally chosen not to listen to complaints from copyright owners.”
AI FIRMS LAWYER UP – AI music companies Suno and Udio hired Latham & Watkins to defend them against lawsuits filed by the three major labels that accuse the companies of using vast swathes of copyright music to “train” their models. Latham is a big deal in the BigLaw world, but especially in the burgeoning sub-niche of AI-training copyright defense litigation. The firm already reps Anthropic in such a case filed by music publishers, and OpenAI in a similar suit filed by The New York Times.
DEFAMATORY DENIAL? Film composer Danny Elfman was hit with a libel lawsuit over statements he made to the media last year defending himself from claims that he sexually abused Nomi Abadi, a former friend and fellow composer. In denying the allegations, Abadi says Elfman falsely tarred her as a “liar, homewrecker, and an extortionist.”
EX-RHCP IN HOT WATER – Josh Klinghoffer, a former guitarist for the Red Hot Chili Peppers, was sued for wrongful death over allegations that he struck and killed a pedestrian near Los Angeles earlier this year due to “distracted driving.” Lawyers for the victim’s family say they have video evidence showing Klinghoffer “using a device mere seconds before he crashed” into Israel Sanchez.
CLASS ACTION IN THE REARVIEW – A group of Spotify customers dropped their class action against the streaming giant over its recent decision to kill its short-lived “Car Thing” device, resolving a case that claimed Spotify left users holding “a useless product.” Terms of the deal were not disclosed, but Spotify has more clearly indicated since the case was first filed that it will provide refunds to people who purchased the Car Thing.
ABUSE CLAIMS AGAINST IRV GOTTI –The co-founder of Murder Inc. Records was hit with a lawsuit accusing him of sexual assault and rape, filed by an unnamed woman who says he repeatedly “coerced” her into sex by leveraging his “power and influence in the music world.”