Legal News
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Prince’s former business advisors have won a key ruling in their ongoing legal battle with three of the pop legend’s heirs over the management of his estate.
In a decision issued Friday, a Delaware judge ruled that advisors L. Londell McMillan and Charles Spicer Jr. could not be ousted as mangers of Prince Legacy LLC, a company created to operate half of Prince’s lucrative estate.
Three of Prince’s heirs, led by his sister Sharon Nelson, had argued they could amend the LLC agreement to remove McMillan and Spicer from their leadership positions, but the judge ruled that such efforts were clearly invalid under the terms of the agreement.
“The LLC agreement is unambiguous and [McMillan and Spicer]’s interpretation is the only reasonable one,” Chancellor Kathaleen St. Jude McCormick wrote in the decision, which was obtained by Billboard.
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Ruling that Prince’s heirs had vested the two advisors with “broad and exclusive management authority,” the judge said they could not now amend their agreement simply because they “came to regret this decision.”
An attorney for Sharon Nelson and the other Prince heirs did not immediately return a request for comment on the ruling.
Prince had no will when he died of a fentanyl overdose in 2016, leaving six heirs to inherit equal shares in his valuable estate and sparking a long legal battle in Minnesota probate court over how the estate would be managed in the future.
When the court case finally wrapped up in August 2022, the estate was split into two companies – one controlled by Primary Wave after it purchased the shares of three heirs, and another (Prince Legacy) controlled by McMillan, Spicer and the three remaining relatives. At the time, both sides vowed to work together to bring Prince’s music and legacy to a new generation of music fans.
But in January, McMillan and Spicer sued their partners within Prince Legacy, claiming Nelson and other heirs were improperly trying to force them out as managers and “install themselves” in their place. McMillan and Spicer claimed Nelson had become “disgruntled” because they had refused to comply with her “unreasonable demands. They cited one incident in which she allegedly attempted “replace the entire staff” of Prince’s legendary Paisley Park home “with individuals of her choosing.”
The lawsuit argued that the efforts to oust McMillan and Spicer were not only barred by Prince Legacy’s operating agreement, but also posed a threat to their efforts “to preserve and protect Prince’s legacy.”
“The individual defendants lack any business and management experience, have no experience in the music and entertainment industries, and have no experience negotiating and managing high-level deals in the entertainment industry,” attorneys for McMillan and Spicer wrote at the time. “They have a documented history of infighting. Based on the amount and complexity of the work that Prince Legacy is involved with, they are simply not capable of stepping in and managing its business.”
In Friday’s decision, McCormick sided decisively with McMillan and Spicer, granting them summary judgment on their core allegation: That Nelson’s effort to amend the LLC agreement had been invalid under terms of the deal.
“Defendants’ interpretation … would lead to the absurd result of giving the non-managing members the authority to unilaterally take actions on behalf of the company and bind the company without the approval of the managing members,” the judge wrote in her ruling.
In a statement to Billboard following the ruling, McMillan said: “We are pleased with the judge’s decision and wish we were not forced to take legal action for the wrongdoing of the defendants (and their advisors) yet we have a heavy responsibility to preserve and protect Prince’s legacy and all he created, by all appropriate means necessary. I have protected Prince and been his partner for decades. Nothing will change our history and my loyalty to him and his legacy.”
Friday’s decision will not end the lawsuit, because McCormick also ruled that McMillan and Spicer could to pursue their related allegation that Nelson and the other heirs had breached that contract when they attempted to amend the LLC agreement. That claim will be subject to future litigation.
Primary Wave, which controls the other half of Prince’s estate, is not involved in the litigation nor accused of any wrongdoing.
Cardi B (born Belcalis Almanzar) has been sued for copyright infringement by Joshua Fraustro and Miguel Aguilar, who make up producer duo Kemika1956, alleging that the Grammy-winning rapper used their “Greasy Frybread” track without permission in her hit single “Enough (Miami).” According to court documents filed in Texas federal court on Wednesday (July 3), Fraustro […]
Sean “Diddy” Combs has been hit with a new lawsuit by exotic dancer Adria English, who claims she was a victim of sex trafficking orchestrated in the 2000s by the Bad Boy mogul and others she named in a sprawling complaint filed Wednesday (July 3) in New York federal court.
According to the lawsuit, filed by attorneys Ariel Mitchell-Kidd and Steven Metcalf, English was a victim of sex trafficking at the hands of Combs along with his fellow defendants Tamiko Thomas, who was allegedly an employee of Bad Boy Entertainment at the time, and a man named Jacob Arabov (a.k.a. Jacob The Jeweler). She alleges that the trio was “aided and abetted” by several companies also named as defendants in the complaint, including Bad Boy Entertainment, Combs Global Enterprises, Sean John Holdings, VIBE magazine and its current parent company, Penske Media Corporation (PMC). (PMC did not own VIBE when the alleged events occurred.)
Notably, the complaint alleges that the actions of all defendants amounted to a violation of federal RICO (Racketeer Influenced and Corrupt Organizations) laws, which have historically been used to target the mafia, drug cartels and other organized crime rings (a similar state-level law in Georgia has formed the basis of prosecutors’ case against rapper Young Thug, whom they allege leads a violent Atlanta street gang known as Young Slime Life). These types of racketeering laws make it easier for prosecutors to sweep up members of alleged criminal enterprises based on many individual actions.
English claims she first came into contact with Combs in 2004 — when she says she was working as a dancer at Larry Flynt’s Hustler Club in Manhattan — after accompanying her then-boyfriend, model Anthony Gallo, to an audition for a Sean John modeling campaign. While at the audition, she says Gallo and another model were asked to perform fellatio on Combs as a condition of booking the job. After Gallo refused, she claims he was later told he could book the campaign if he commanded English to work as a go-go dancer at Combs’ Labor Day White Party in the Hamptons, N.Y. “In an effort to assist Mr. Gallo’s desire to become a model, Plaintiff agreed to what she believed to be legitimate employment,” the complaint reads.
While working the event, English says she was instructed to give lap dances and be “sexually flirtatious” with guests and “forced to consume liquor and illicit narcotics,” including bottles she claims were laced with ecstasy. She alleges she was subsequently invited to perform at additional White Parties, where Combs and Thomas — whom she compares to Ghislaine Maxwell, the former associate of late sexual predator Jeffrey Epstein — eventually “groomed” her into sex trafficking.
By her third White Party, English claims that Combs and Thomas demanded she partake in sexual intercourse with guests, using knowledge of her past work in adult films “to coerce” her into doing so. This activity, she claims, continued through 2009 at White Parties thrown at Combs’ Hampton and Miami residences.
One of the men English says she was forced to have sexual intercourse with during this period was Jacob Arabov (Jacob The Jeweler) at the behest of Combs, as she feared she could lose her job along with her boyfriend’s future modeling opportunities. “Plaintiff, fearing not only her safety, but her and her then-boyfriend’s job security, did as instruct and went with Defendant Jacob where she engaged in forced sexual intercourse with Defendant Jacob at the demand and behest of Defendant Combs,” the complaint reads.
English further alleges that Combs kept hidden cameras in every room of his Hamptons and Miami homes and believes her sexual assaults were caught on tape, including when she was “unconscious.”
During this period, English also alleges that VIBE magazine published an image of her in a November 2006 story about Combs’ White Parties without her consent, claiming its use violates her “rights to privacy via misappropriation.” She claims she “did not discover the infringing use” until April 2024. She further accuses VIBE and parent company PMC of “intentionally and falsely marketing and promoting” Combs’ White Parties “as a high-profile networking and social event in an effort to disguise and deceive the real intent of the event…and to further the goals of the Defendants illegal and criminal Enterprise.”
English says she continued putting up with Combs’ demands in part due to promises that he would help her break into the music business by putting her in an all-female music group. She says she finally detached herself from Combs when she returned to California in 2009, at which point she claims she suffered from deep depression and anxiety in response to the past trauma of being assaulted and trafficked, along with her unraveling career.
According to the lawsuit, English’s victimization at the hands of Combs and his alleged co-conspirators has led her to suffer continued “extreme emotional distress” that has impacted every aspect of her personal life.
In a statement sent to Billboard, Combs’ attorney Jonathan Davis said, “No matter how many lawsuits are filed it won’t change the fact that Mr. Combs has never sexually assaulted or sex trafficked anyone. We live in a world where anyone can file a lawsuit for any reason and without any proof. Fortunately, a fair and impartial judicial process exists to find the truth and Mr. Combs is confident he will prevail against these and other baseless claims in court.”
Billboard reached out to Thomas and Arabov for comment but had not heard back by press time. PMC declined to comment.
This is the 10th sexual misconduct lawsuit to be filed against Combs since his ex-girlfriend, pop star Cassie, made waves with her sexual abuse suit against the mogul in November, which was settled less than 24 hours later. He has vehemently denied all cases against him. Combs’ Miami and Los Angeles homes were raided by federal agents in March, though no arrests were made.
In May, disturbing footage obtained by CNN showed Combs abusing Cassie in an elevator bank at a Los Angeles hotel in March 2016. Soon after the footage came out, Combs apologized for his actions, which he says he was “disgusted” by.
“I was f—ed up. I mean, I hit rock bottom. But I make no excuses,” he said in the since-deleted Instagram clip. “My behavior on that video is inexcusable. I take full responsibility for my actions in that video. I’m disgusted. I was disgusted then when I did it, I’m disgusted now.”
In the wake of the allegations, the fallout for Combs has continued to reverberate. Last month, his media company Revolt announced employees would become the company’s largest shareholders after Combs reportedly sold his stake to an anonymous buyer. Also in June, Combs’ Miami Day honor was revoked and Howard University withdrew an honorary degree it bestowed upon him.
Editor’s Note: PMC is the parent company of Billboard.
When New Orleans rapper B.G. came home in September after serving an 11-year sentence following his guilty plea on two counts of possession of a firearm and one count of conspiracy to obstruct justice, the rap community rejoiced. He’s the man responsible for entering the phrase “bling-bling” into the pop culture lexicon, after all.
But nearly a year later, the founding member of ’90s rap group Hot Boys is facing an unusual legal challenge: On Friday (June 28), a U.S. District Court judge in Louisiana ruled that the New Orleans rapper must provide the U.S. Probation Office with a copy of the lyrics to his upcoming songs for approval before producing or promoting them.
The decision, handed down by U.S. district court judge Susie Morgan, came several months after B.G. (real name Christopher Dorsey) was arrested in March for performing at a Las Vegas concert alongside rapper Lil Boosie; apparently, B.G. needed prior permission from the court to associate with acts that also have felony convictions on their record, as Lil Boosie does. The probation officer in the case also cited B.G.’s work with Gucci Mane, another rapper/convicted felon with whom B.G. released a collaborative mixtape, Choppers & Bricks, in December.
B.G. was subsequently released on his own recognizance pending the judge’s decision. Shortly after, the rapper expressed his frustration in an Instagram post, saying in part, “It’s crazy how after paying my debt to society with 12 and a half years of my life I come home and still ain’t free…I been doing everything the right way and it seems like that ain’t enough.”
At a court hearing on June 18, B.G. and prosecutors confirmed they had reached a deal to modify the conditions of the rapper’s supervised release following his March arrest but “disagreed” over the prosecutors’ request to prohibit the rapper “from promoting and glorifying future gun violence/murder” in his music and at his concerts, according to the June 28 ruling.
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“The Defendant argues that the additional condition proposed by the Government is an unconstitutional prior restraint of speech that is an overly broad condition of supervised release,” the ruling reads.
The judge ultimately found that the prosecutors’ request was “not sufficiently clear and specific to serve as a guide for the Defendant’s conduct and for those entrusted with his supervision,” instead imposing a special condition that B.G. provide the probation office “with a copy of the lyrics of any song he writes,” according to the ruling. All lyrics B.G. shares with the probation office will be passed to the U.S. government, which can then decide if his “conduct is inconsistent with the goals of rehabilitation,” the ruling continues.
A representative for B.G. did not immediately respond to Billboard‘s request for comment.
The ruling is certain to cause controversy at a time when the practice of lyrics being used against rappers in criminal court has become a hot-button issue. In November, a judge ruled that Young Thug‘s lyrics can be used during his YSL RICO case, saying that “the First Amendment is not on trial.” Bobby Shmurda and the late Drakeo the Ruler have also had their lyrics used against them in criminal cases. There have since have been laws passed and proposed on both the state and federal levels to stop the criminalization of rap lyrics; in September, California Gov. Gavin Newsom signed into law a statute restricting the practice, while similar laws have been proposed in New York and the U.S. House of Representatives.
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: Pharrell Williams and Louis Vuitton face a trademark lawsuit over “Pocket Socks”; Diplo is hit with a lawsuit claiming he distributed “revenge porn”; the Village People move forward with a lawsuit against Disney; a longtime attorney repping Britney Spears moves on; and much more.
Top stories this week…
SOCKED WITH A LAWSUIT – Pharrell Williams and Louis Vuitton were hit with a trademark lawsuit over their launch of a high-end line of “Pocket Socks” a literal sock-with-a-pocket that launched at Paris Fashion Week last year and sells for the whopping price of $530. The case was filed by a California company called Pocket Socks Inc. that says it’s been using that same name for more than a decade on a similar product. AI FIRMS FIRE BACK – Suno and Udio, the two AI music startups sued by the major record label last week over allegations that they had stolen copyrighted works on a mass scale to create their models, fired back with statements in their defense. Suno called its tech “transformative” and promised that it would only generate “completely new outputs”; Udio said it was “completely uninterested in reproducing content in our training set.”REVENGE PORN CLAIMS – Diplo was sued by an unnamed former romantic partner who accused him of violating “revenge porn” laws by sharing sexually-explicit videos and images of her without permission. NYPD confirmed to Billboard that a criminal investigation into the alleged incident was also underway. DISCO v. DISNEY – A California judge refused to dismiss a lawsuit filed by the Village People that claims the Walt Disney Co. has blackballed the legendary disco band from performing at Disney World. Disney had invoked California’s anti-SLAPP law and argued it had a free speech right to book whatever bands it chooses, but a judge ruled that the company had failed to show the issue was linked to the kind of “public conversation” that’s protected under the statute. WRIT ME BABY ONE MORE TIME – More than two years after Mathew Rosengart helped Britney Spears escape the longstanding legal conservatorship imposed by her father, the powerhouse litigator is no longer representing the pop star. In a statement, the Greenberg Traurig attorney said he was shifting to focusing on other clients: “It’s been an honor to serve as Britney’s litigator and primarily to work with her to achieve her goals.” PHONY FEES? – SiriusXM was hit with a class action lawsuit that claims the company has been earning billions in revenue by tacking a shady “U.S. Music Royalty Fee” onto consumers’ bills. The fee — allegedly 21.4% of the actual advertised price — represents a “deceptive pricing scheme whereby SiriusXM falsely advertises its music plans at lower prices than it actually charges,” the suit claims. DIVORCE DRAMA – Amid an increasingly ugly divorce case, Billy Ray Cyrus filed a new response claiming that he had been abused physically, verbally and emotionally by his soon-to-be-ex-wife, Firerose. The filing actually came in response to allegations that it was Cyrus who had subjected Firerose to “psychological abuse” during their short-lived marriage. UK ROYALTIES LAWSUIT – A group of British musicians filed a joint lawsuit against U.K. collecting society PRS, accusing the organization of a “lack of transparency” and “unreasonable” terms in how it licenses and administers live performance rights. The case, filed at London’s High Court, was brought by King Crimson’s Robert Fripp, as well as rock band The Jesus and Mary Chain and numerous other artists.
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The judge overseeing the racketeering and gang prosecution against Young Thug and others on Monday put the long-running trial on hold until another judge rules on requests by several defendants that he step aside from the case.
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Lawyers for the rapper and several other defendants had filed motions seeking the recusal of Fulton County Superior Court Chief Judge Ural Glanville after he held a meeting with prosecutors and a prosecution witness at which defendants and defense attorneys were not present. They said the meeting was “improper” and said the judge and prosecutors tried to pressure the witness, who had been granted immunity, into giving testimony.
Jurors, who were already on a break until July 8, would be notified that they will not be needed until the matter is resolved, Glanville said.
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This is the latest delay in the trial that has dragged on for over a year, in part because of numerous problems. Jury selection in the case began in January 2023 and took nearly 10 months. Opening statements were in November and the prosecution has been presenting its case since then, calling dozens of witnesses.
Young Thug, a Grammy winner whose given name is Jeffery Williams, was charged two years ago in a sprawling indictment accusing him and more than two dozen other people of conspiring to violate Georgia’s anti-racketeering law. He also is charged with gang, drug and gun crimes and is standing trial with five of the others indicted with him.
Glanville last month held Young Thug’s attorney Brian Steel in contempt for refusing to tell the judge how he found out about the out-of-court meeting. Steel was ordered to serve 10 consecutive weekends in jail, but the Georgia Supreme Court put that penalty on hold pending an appeal.
During a hearing Monday without jurors present, Glanville said he would release the transcript of the meeting that he had with prosecutors and state witness Kenneth Copeland and Copeland’s lawyer. He said he would also allow another judge to decide whether he should be removed from the case.
Glanville told the lawyers he would enter the order sending the recusal matter to another judge, adding, “We’ll see you in a little bit, depending upon how it’s ruled upon, alright?”
“Your honor, do we have a timeline of when the motion to recuse may be heard?” prosecutor Simone Hylton asked.
“Don’t know,” Glanville responded, saying the court clerk has to assign it to another judge. “I don’t have anything to do with that.”
Hylton asked if the matter could be expedited, citing concerns about holding jurors “indefinitely.”
Glanville said he understood that concern and that he hoped it would be acted upon quickly.
Glanville has maintained there was nothing improper about the meeting. He said prosecutors requested it to talk about Copeland’s immunity agreement.
Young Thug has been wildly successful since he began rapping as a teenager and he serves as CEO of his own record label, Young Stoner Life, or YSL. Artists on his record label are considered part of the “Slime Family,” and a compilation album, “Slime Language 2,” rose to No. 1 on the charts in April 2021.
But prosecutors say YSL also stands for Young Slime Life, which they allege is an Atlanta-based violent street gang affiliated with the national Bloods gang and founded by Young Thug and two others in 2012. Prosecutors say people named in the indictment are responsible for violent crimes — including killings, shootings and carjackings — to collect money for the gang, burnish its reputation and expand its power and territory.
The Spanish Society of Authors and Publishers (abbreviated SGAE in Spanish) has been fined 6.38 million euros (more than $6.9 million, using the average 2023 conversion rate) by the Comisión Nacional de los Mercados y la Competencia (CNMC) for anti-competitive practices related to its licensing deals with radio and TV stations.
SGAE has been fined for “two infractions of abuse of dominant position” by designing and applying its licensing rates in a manner that forces radio and TV operators to accept an “averaged availability rate” (comparable to a flat rate) to be able to use its repertoire, according to a CNMC press release on Wednesday (June 26).
The widespread application of the flat rate by the Spanish collecting society “has had a double anti-competitive effect,” the CNMC says. The first effect, which the CNMC refers to as “exploitative abuse,” results from SGAE’s practice of forcing licensees to pay the flat rate “unrelated to the actual use they make of their repertoire, both in terms of the number of works and the intensity of their use,” according to the release, which states this practice has been ongoing since “at least” Jan. 1, 2016.
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Because licensees are forced to pay the flat rate regardless of the extent of their use of SGAE’s repertoire, the CNMC adds, licensees’ incentives to contract with SGAE competitors with less substantial repertoires are limited — a second anti-competitive effect that hinders “the entry and expansion” of those competitors in the marketplace.
According to the CNMC, SGAE “enhanced” the latter effect — which it says SGAE instituted from “at least” Jan. 1, 2016, through Dec. 31, 2017 — by “presenting its musical repertoire to users as universal and offering guarantees of indemnity against possible claims by third parties for the use of rights that do not belong to its repertoire.” The CNMC argues this further limited incentives for licensees to contract with SGAE competitors.
In addition to fines, SGAE has been ordered to cease these behaviors.
Investigations into SGAE began after complaints were made by audiovisual media copyright entities Management Entity (Dama) and Unison Rights, S.L. (Unison), the release states.
Billboard reached out to SGAE but had not heard back by press time.
Earlier this year, Billboard reported SGAE’s intentions to improve its reputation under new CEO Cristina Perpiñá-Robert, who was appointed a little more than a year ago.
“SGAE is one of the world’s leading CMOs, with a crucial role to play for its members,” Perpiñá-Robert previously said. “This year is our 125th anniversary, which is a chance to celebrate what we’ve achieved but also highlight where we need to reform. I’m determined that SGAE should achieve a greater presence internationally.”
Last year, SGAE took in 349.1 million euros ($377.8 million, based on the 2023 average conversion rate) and distributed 354.1 million euros ($383.2 million), according to its 2023 financial results, while the number of members with authors rights grew from 36,956 to 83,148.
Ye (formerly known as Kanye West) is facing yet another lawsuit. West along with his Yeezy brand and former head of staff Milo Yiannopoulos were sued by eight alleged former employees, who claim they were “subjected to intolerable harassment and discrimination.”
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The sprawling lawsuit was filed in district court with the Central District of California on Saturday (June 29) and has been viewed by Billboard. A portion of the plaintiffs claim they were minors as young as 14 years old while working at Yeezy.
Plaintiffs ranging from ages 14 to 25 came from across the United States and other countries such as the United Kingdom, Hungary and Nigeria to work at Yeezy.
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However, the plaintiffs said they overworked for “inhuman” hours in a segregated working environment where Black and African employees were separated and given “less favorable” work assignments.
Various plaintiffs were tasked with building Ye’s scrapped YZY Porn venture. Minors claim they were exposed to pornographic images pertaining to the x-rated endeavor.
Around April 27, 2024, one employee alleges that Ye’s wife Bianca Censori shared a link to “hardcore pornography” with them slated to be part of the YZY Porn app.
A plaintiff known in the docs as “John Doe 1” claims he was exposed to pornographic images which were disseminated in group chats as part of the team’s communication channels. Another plaintiff who kept their identity hidden is listed as “John Doe 2” in the lawsuit and claims they were subjected to a “highly inappropriate and distressing work environment.”
“Our team looks forward to achieving justice on behalf of our very deserving clients for theshocking working environment that they were forced to endure,” said Ben Lockyer of LockyerLaw LLC.
Jordanna Thigpen of Thigpen Legal added: “Discrimination is intolerable anywhere, anytime. We believe a jury will agree that these employers must be accountable.”
All eight former Yeezy employees claim they were not paid for their work during their time working for Ye.
The legal activity has been mounting for Ye in recent months. He was hit with a sexual assault lawsuit in June by former assistant Lauren Pisciotta, who claimed she faced a “systematic” onslaught of sexual harassment and was sent graphic text messages from the “Good Life” rapper.
West settled another suit in June related to his Vultures album when he reached an agreement with Donna Summers’ estate to resolve a copyright lawsuit that accused him of interpolating her 1977 hit “I Feel Love” without permission in his song “Good (Don’t Die).”
Billboard has reached out to Ye’s reps for comment.
In June 2022, Jeffery Williams, the rapper professionally known as Young Thug, said from jail: “I always use my music as a form of artistic expression, and I see now that Black artists and rappers don’t have that freedom.”
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Rap is the most important musical development of the last half-century. It is a Black art form that reflects, comments upon and helps define the American experience. Like other artistic expressions, rap lyrics are often fictitious and hyperbolic; they cannot be assumed to be autobiographical. And like famous surrealist painters, some rappers combine their experiences with flights of imagination, leaving the audience to decide what is “real” and what is not. Other rappers write wholly fictional accounts without labeling them as such — sometimes for commercial appeal. As Young Thug explained to XXL Magazine in 2016: “I started doing a thuggish style … I started to make cool trap music … Them songs have made millions of dollars but them songs are not me.”
Just like other artists, the creators of rap music are protected by the First Amendment; as such, they are entitled to create ambiguous art that does not separate fact from fiction.
Unlike other types of artists, however, rappers find their art used against them in criminal court, as overly aggressive prosecutors charge rappers with having committed the alleged crimes depicted in their lyrics. It seems the ultimate rap battle is between the First Amendment and the Sixth Amendment — pitting the freedom of expression against the right to a fair trial. The racial injustice of this tactic is obvious. Directors of horror and action movies are not forced to defend themselves in criminal court against allegations that their films depict actual events. Nor must the creators of country or death metal music justify their songs to a judge or jury as fiction — no matter how violent their lyrics may be. Only rappers are singled out in this way.
Hearteningly, the music industry and the social justice community have joined forces with lawmakers in opposition to this egregious prosecutorial overreach. For instance, California amended its rules of evidence to place additional burdens upon prosecutors who seek “to admit as evidence” of criminality “a form of creative expression.” In New York, proposed legislation similarly seeks to create a presumption against admitting evidence of a defendant’s creative expression in criminal trials. And, at the federal level, the Restoring Artistic Protection Act (RAP Act), seeking to shield artists from the misuse of their lyrics in both criminal and civil proceedings, has been reintroduced in Congress. This bill has support from groups such as the Black Music Action Coalition (BMAC), the Recording Academy, the Black Music Collective and SAG-AFTRA. All of these pieces of legislation aim to safeguard artists from prosecutors who want to use their creative expressions as evidence in criminal trials — ensuring rap artists enjoy the benefits of both the First and Sixth Amendments of our Constitution.
While these efforts are commendable, a significant loophole remains within the domain of criminal conspiracy prosecutions. A conspiracy is a crime where two or more people agree to commit an unlawful act, and someone in the conspiracy takes an affirmative step — or “overt act” toward the act. While the actual and proposed California, New York and federal statutes would make it harder for prosecutors to use rap lyrics as evidence of a crime, they do nothing to prevent prosecutors from alleging that rap lyrics themselves are an element of a crime — specifically, the so-called “overt act” element of a conspiracy crime. Additional legislation is urgently needed at the state and federal levels to prevent this from happening.
Conspiracy charges are darlings of prosecutors because many criminal conspiracy statutes permit the government to charge each alleged conspirator with all crimes committed by the conspiracy, so long as the alleged conspirator: (1) knowingly and willfully joined the conspiracy; and (2) committed an “overt act” in support of the conspiracy. Thus, by alleging that a rapper’s lyrics constitute an “overt act,” a prosecutor can seek to hold that rapper criminally responsible for crimes that the rapper did not even commit but rather were committed by other members of the “conspiracy.” In other words, rappers can be charged with and convicted for other people’s crimes merely by virtue of rapping. This prosecutorial tactic is literally criminalizing rap music.
The ongoing Young Thug/YSL trial vividly illustrates the urgent need for legislation banning this tactic. In that case, the prosecution has charged the defendants under a criminal conspiracy statute, Georgia’s Racketeer Influenced and Corrupt Organizations Act (RICO) law. The grand jury indictment characterizes YSL as a gang engaged in criminal activities, with the Grammy-winning artist purportedly at the forefront. To link various defendants to the alleged “conspiracy,” and thus to ensnare them into the defendants’ seats at trial, the prosecution has alleged that specific sets of rap lyrics constitute “overt acts.” On their face, these lyrics are a mode of artistic expression, involving clever wordplay and other forms of humor. Lyrics cited by prosecutors include the following:
“Red just like Elmo but I never f—in’ giggle”— Jeffery “Young Thug” Williams
“Where you from, I’m from Bleveland, throw your set up” — Wunnie “Slimelife Shawty” Lee
“I shot at his mommy, now he no longer mention me” — Jeffery “Young Thug” Williams
Without legislation preventing these or other rap lyrics from being charged as “overt acts,” prosecutors will continue to use them to bolster their cases. We call for the music industry to unite with its allies to press for the introduction and passage of such legislation. Until that happens, the music industry and its allies should press candidates running for district attorney to promise not to prosecute rap lyrics as “overt acts.” Moreover, and until new legislation passes, criminal defense and music industry attorneys should advise their clients about the risks of prosecutions for merely creating rap, however outrageous and unfair that may be. Otherwise, rappers will continue to navigate a precarious line that could see their lyrics construed as a crime, undermining the fundamental principles of artistic freedom and raising urgent questions about racial and creative justice in the courtroom. Rap artists should not have to choose between their First and Sixth Amendment rights.
Jeffrey Movit is a civil litigator in New York and Los Angeles whose practice areas include copyright, trademark, defamation and entertainment law. He has been called the “lawyer to the stars” by the New York Post, and he was named by Billboard magazine as one of the “Top Music Lawyers” for 2022, 2023, and 2024.
Priya Chaudhry is a nationally-known, award-winning criminal defense trial attorney who routinely handles high-profile, high-stakes criminal cases. With nearly 50 jury trials in 25 years of practice, The Hollywood Reporter named Ms. Chaudhry as one of the “25 Power Lawyers” it recognized as “Hollywood’s Troubleshooters.”
Awais Arshad is a criminal defense attorney at ChaudhryLaw, a Fulbright Scholar and barred in multiple jurisdictions, including New York, England & Wales and Pakistan.
Eagles singer Don Henley filed a lawsuit in New York on Friday (June 28) seeking the return of his handwritten notes and song lyrics from the band’s 1976 album Hotel California.
The civil complaint filed in Manhattan federal court comes after prosecutors in March abruptly dropped criminal charges midway through a trial against three collectibles experts accused of scheming to sell the documents.
The Eagles co-founder has maintained the pages were stolen and had vowed to pursue a lawsuit when the criminal case was dropped against rare books dealer Glenn Horowitz, former Rock & Roll Hall of Fame curator Craig Inciardi and rock memorabilia seller Edward Kosinski.
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“These 100 pages of personal lyric sheets belong to Mr. Henley and his family, and he has never authorized defendants or anyone else to peddle them for profit,” Daniel Petrocelli, Henley’s lawyer, said in an emailed statement Friday.
According to the lawsuit, the handwritten pages remain in the custody of Manhattan District Attorney Alvin Bragg’s office, which declined to comment Friday on the litigation.
Lawyers for Kosinski and Inciardi dismissed the legal action as baseless, noting the criminal case was dropped after it was determined that Henley misled prosecutors by withholding critical information.
“Don Henley is desperate to rewrite history,” Shawn Crowley, Kosinski’s lawyer, said in an emailed statement. “We look forward to litigating this case and bringing a lawsuit against Henley to hold him accountable for his repeated lies and misuse of the justice system.”
Inciardi’s lawyer, Stacey Richman, said in a separate statement that the lawsuit attempts to “bully” and “perpetuate a false narrative.”
A lawyer for Horowitz, who isn’t named as a defendant as he doesn’t claim ownership of the materials, didn’t respond to an email seeking comment.
During the trial, the men’s lawyers argued that Henley gave the lyrics pages decades ago to a writer who worked on a never-published Eagles biography and later sold the handwritten sheets to Horowitz. He, in turn, sold them to Inciardi and Kosinski, who started putting some of the pages up for auction in 2012.
The criminal case was abruptly dropped after prosecutors agreed that defense lawyers had essentially been blindsided by 6,000 pages of communications involving Henley and his attorneys and associates.
Prosecutors and the defense said they received the material only after Henley and his lawyers made a last-minute decision to waive their attorney-client privilege shielding legal discussions.
Judge Curtis Farber, who presided over the nonjury trial that opened in late February, said witnesses and their lawyers used attorney-client privilege “to obfuscate and hide information that they believed would be damaging” and that prosecutors “were apparently manipulated.”