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: Martin Shkreli argues he wasn’t required to turn over personal copies of a rare of Wu-Tang Clan album to prosecutors; a litigious rock photographer sues Warner Records in the latest of more than 50 copyright lawsuits; the new judge in Young Thug’s gang trial faces a flood of new motions; and more.
THE BIG STORY: The Plot Thickens In Wu-Tang Album Case
When Martin Shkreli was convicted of securities fraud and ordered to forfeit his copy of Wu-Tang Clan’s Once Upon a Time in Shaolin to federal prosecutors, was he allowed to retain personal copies?
PleasrDAO — a digital art collective that bought the one-of-a-kind album from the government in 2021 —certainly thinks he wasn’t. The group sued Shkreli in federal court last month, accusing him of violating that forfeiture order by retaining copies and then threatening to leak them to the public, a move it says would destroy the value of the rare album.
But in a new response last week, Shkreli’s attorneys told a very different story.
Everyone knows that when the disgraced “Pharma Bro” bought the only copy of Wu-Tang’s album in 2014, the deal came with bizarre contractual requirements — namely, that he couldn’t release it to the general public until 2103.
But Shkreli’s lawyers say the deal did allow him to make personal copies for private use. And when he turned over the physical CD to the government, his lawyers say he wasn’t required to hand over those private copies: “Defendant continues to have the right to use them to this day.”
A month into the lawsuit, two dueling visions are coming into view. Pleasr is leaning on the forfeiture order, citing a passage that banned Shkreli from taking any action that would “affect the availability, marketability or value” of the album. Defense lawyers, on the other hand, point to the government’s sale to Pleasr, arguing that the feds made no assurances that the original CD was the only copy of Shaolin in existence.
“Plaintiff was well aware that its purchase of assets from did not include any promise or expectation of ‘exclusivity’ or ‘uniqueness,’” Shkreli’s lawyers wrote. “It bought a copy of a musical work that it knew was not unique, and cannot now claim to be irreparably harmed by the existence of its non-uniqueness.”
For more, go read our full story on the Shaolin case — and stay tuned for a looming ruling from the judge on whether to impose a preliminary injunction against Shkreli.
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Other top stories this week…
LEGAL EXPOSURE? – Neil Zlozower, a veteran rock photographer who’s snapped images of Led Zeppelin, The Rolling Stones and many other bands, filed a copyright infringement lawsuit against Warner Records, accusing the label of using his photo of Tom Petty in a Facebook post without permission. It turns out the case is hardly the first for Zlozower, who has filed a whopping 57 copyright lawsuits since 2016, targeting Universal Music Group, Spotify, Ticketmaster, Mötley Crüe and many others over alleged unauthorized use of his images.
CONCERT MELEE – Chris Brown and Live Nation were sued again over an alleged melee that took place backstage at a concert in Fort Worth last week, this time by a security guard who says he was “brutally and severely” beaten when he tried to break up the fight. The lawsuit, which cites Brown’s high-profile 2009 attack on his then-girlfriend Rihanna that led to a felony conviction, comes after the alleged victims themselves filed their own separate case.
YSL CASE UPDATE – The new judge in Young Thug’s sprawling Atlanta gang trial, Judge Paige Reese Whitaker, has been greeted by a flood of new motions, including a renewed demand to release the rapper from the “torturous conditions” he’s faced while sitting in jail for more than two years. Judge Ural Glanville, who was removed from the case earlier this month after revelations of a secret meeting with prosecutors and a key witness, had repeatedly denied such requests.
SHOOTING ARRESTS – Three men were arrested in Jacksonville in connection with the deadly shooting of rapper Julio Foolio last month. Sean Gathright, 18, Alicia Andrews, 21, and Isaiah Chance Jr., 21, were each charged with premeditated first degree murder with a firearm, among other charges, over the June 23 killing.
