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Cardi B and Megan Thee Stallion have won a court ruling tossing out a lawsuit that accused them of stealing the lyrics to their smash hits “WAP” and “Thot Shit” from an earlier track called “Grab Em by the P—-.”
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In a decision issued Tuesday (Aug. 29), a Manhattan federal judge ruled that the lyrics Cardi and Megan were accused of copying in their songs — “p—- so wet” and “n—-s wild’n” — were simply too unoriginal to be covered by copyright law.
“The lyrics over which plaintiff asserts copyright protection are no more than common phrases, employed frequently in popular culture and other Hip-Hop songs,” U.S. District Judge Andrew L. Carter wrote.
“The concept of using ‘p—- so wet’ as a rhetorical device in a song is neither original nor unique to plaintiff,” the judge wrote. “Likewise, defendants have provided examples of at least three songs pre-dating [‘Grab Em’] which use some variation of the phrase ‘n—–s wild’n.’”
The ruling dismissed a lawsuit filed last year by Denise Jones, a rapper who performs under the name Necey X, against Cardi (Belcalis Marlenis Almanzar), Megan (Megan Pete) and Atlantic Records. Jones, who sued without the aid of a lawyer, claimed that the stars chose to “copy and paste” her lyrics into their songs.
But in Tuesday’s decision, Judge Carter said Jones not only lacked valid copyrights in those lyrics but that Cardi and Megan’s own words were not “substantially similar” to those in “Grab Em” — the key requirement for proving copyright infringement.
“Defendants’ lyric, ‘why you in the club with n—-s wild’n,’ poses a question to the rapper (or to the audience), while plaintiff’s lyric refers to the rapper’s effect on a single individual,” the judge wrote. “Thus, the phrase is used in different ways and has different meanings such that an ordinary listener would not identify defendants’ lyric as being appropriated from plaintiff’s song.”
The lawsuit also included additional claims beyond copyright law, including that Cardi and Megan had stalked and harassed Jones. But Judge Carter quickly dispatched those allegations as well.
“Plaintiff makes generalized allegations about fearing for her safety from alleged stalking and harassment by the ‘cartel’ that she equates to the music industry at large, but plaintiff neither identifies any negligent conduct on the part of defendants or any special duty to avoid causing emotional distress,” the judge wrote.
Jones did not return a request for comment on the ruling Friday.
Released in August 2020 by Cardi with guest vocals by Megan, “WAP” was a smash hit, spending four weeks atop the Hot 100. “Thot Shit,” released a year later by Megan, was partly inspired by the backlash that “WAP” had received from conservative critics; it reached No. 16 on the Hot 100.
A federal judge in Texas ruled Thursday that the state’s new law restricting drag performances was likely unconstitutional, issuing a temporary restraining order blocking the statute from going into effect on Friday.
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Following similar rulings by federal courts on such laws in Tennessee and Florida, U.S. District Judge David Hittner ruled that Texas’ statute, called Senate Bill 12, likely violated the First Amendment by restricting free speech.
“The Court finds there is a substantial likelihood that S.B. 12 as drafted violates the First Amendment of the United States Constitution under one or more of the legal theories put forward by the plaintiffs,” the judge wrote.
The ruling went in favor of a group of drag performers, drag production companies and non-profits that challenged the law. Represented by the American Civil Liberties Union, they argued that that S.B. 12 “criminalizes and restricts an enormous swath of constitutionally protected activity.”
Thursday’s order came as a temporary restraining order, which will only be in effect until the judge can issue a full written ruling. But the wording of the order indicates that he will likely strike down the law whenever he issues the more detailed decision.
Such a TRO, which can only be issued if a plaintiff proves they will suffer “irreparable harm” without one, was necessary because the law was set to go into effect on Friday.
“The court considers the impending infringement on the plaintiffs’ constitutional rights sufficient irreparable harm to warrant enjoining S.B. 12 while a final judgment is drafted,” Judge Hittner wrote.
Following the ruling, Paige Willey, spokeswoman for the Attorney General of Texas, told Billboard: “The people of Texas were appalled to learn of an increasing trend of obscene, sexually explicit so-called “drag” performances being marketed to families with children. The Office of the Attorney General will pursue all legal remedies possible to aggressively defend SB 12, the state law that regulates such performances to protect children and uphold public decency.”
A spokesperson for the ACLU did not immediately return a request for comment.
Passed by Texas lawmakers in May and signed by Gov. Greg Abbott in June, S.B. 12 expands criminal restrictions on public performance of sexual conduct. The original bill included explicit references to drag shows, but they were removed in response to criticism. Instead, the final version bans sexual gestures that use “accessories or prosthetics that exaggerate male or female sexual characteristics.” Violators can face up to a year in jail, and businesses hosting events can be fined $10,000 for each violation.
Critics say such statutes, proposed or passed in states across the country over the past two years, are a thinly-veiled attack on the LGBTQ community. The new laws have been closely-watched by the music industry, over concerns that aspects of concerts could run afoul of broad new restrictions.
The ACLU filed its lawsuit earlier this month, arguing that – despite the changes to the wording – the new statute “unconstitutionally singles out drag.” They said it was also “sweepingly overbroad and vague and fails to give adequate notice of what it proscribes.”
“In its zeal to target drag, the Legislature also passed a bill so yawning in scope that it criminalizes and restricts an enormous swath of constitutionally protected activity, including theater, ballet, comedy, and even cheerleading,” the group wrote.
The suit was filed on behalf of nonprofit LGBTQIA+ organizations The Woodlands Pride and Abilene Pride Alliance; drag entertainment companies Extragrams, LLC and 360 Queen Entertainment LLC; and drag performer Brigitte Bandit.
Earlier this week, Judge Hittner held a two-day trial-like hearing on the arguments from both sides. A final ruling is expected early next week.
Karol G and Tiësto are facing a copyright infringement lawsuit over their song “Don’t Be Shy,” filed by a Cuban-American songwriter who says their track features elements that are “practically identical” to his earlier tune.
In a complaint filed Tuesday in Puerto Rico federal court, lawyers for songwriter Rene Lorente claim that Karol G and Tiësto’s 2021 dance-pop hit infringed his 2000 song “Algo Diferente” by using a melody that “sounds identical.”
“It doesn’t take an expert or musician, to carefully listen to the melody/sounds of each, to recognize that one was copied from the other,” Lorente’s lawyers wrote in their complaint. “In this case, defendants’ ‘Don’t be Shy’ is a blatant violation of plaintiff’s copyrighted ‘Algo Diferente’.”
Karol G, who is currently sitting atop Billboard’s Hot Latin Songs chart with her “Qlona,” teamed up with Tiësto to release “Don’t Be Shy” in August 2021. The song, which hit No. 4 on the Hot Dance/Electronic Songs chart, was the Columbian star’s first released in English.
But in his lawsuit, Lorente claims Karol G and Tiësto’s song “misappropriated his beloved copyrighted work” – a tune released in May 2000 that currently has 3,647 total streams on Spotify. A version of “Algo Diferente” on YouTube, uploaded just nine days ago by CD Baby, has been streamed 6,423 times.
According to Lorente’s lawyers, a comparison of the two songs shows that they are “substantially similar” – the requirement to prove copyright infringement.
“Expert analysis of musical arrangement fragment of the copyrighted and infringing works, show exact rhythm, note arrangement, same intervals, harmony, with the only change being limited perhaps to the pitch, within 8 musical bars, repeated throughout infringing work,” Lorente’s lawyers wrote in his lawsuit. “However, for a lay listener and a jury, this combination of musical notes sounds identical.”
The lawsuit is seeking a whopping $52 million dollars, but attorneys who file lawsuits can claim any damages total they want. Even if Lorente’s lawsuit was successful – and that is not a given – such demands are typically not good indicators for what a judge or jury might ultimately award.
Reps for Karol G and Tiësto did not return requests for comment on Thursday.
Listen to the two songs below and compare for yourself:
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A Las Vegas judge reportedly denied an attempt to dismiss a countersuit filed by Backstreet Boys member Nick Carter against Melissa Schuman – a former member of teen-pop group Dream who has long claimed that she was assaulted by the singer. Explore Explore See latest videos, charts and news See latest videos, charts and news According to TMZ, the judge decided on […]
A tribute band that was sued by Earth, Wind & Fire for trademark infringement is firing back with a bold counterargument: That the famed R&B act has actually abandoned any intellectual property rights to its name.
In a court filing on Wednesday (Aug. 30), the smaller band — which calls itself Earth Wind & Fire Legacy Reunion — argued that the original group had allowed so many tribute bands to use its name without repercussion that it can no longer claim exclusive rights to it.
“Due to the unchecked third-party use of the phrase, [EW&F] has abandoned ‘Earth, Wind & Fire,’ and [the name] has lost its trademark significance,” wrote attorneys for Substantial Music Group, which operates Legacy Reunion.
The new filing listed out a dozen other tribute acts that allegedly feature “Earth, Wind & Fire” as part of their name, including “September: A Tribute to Earth, Wind & Fire” and “Let’s Groove Tonight: The Ultimate Earth, Wind & Fire Tribute Band,” as well as even simpler names like simply “Earth Wind & Fire Tribute.”
“[The band] has taken no action to enforce its purported trademark rights against any of the third-party vocal and instrument groups that have been using the phrase,” Legacy Reunion wrote in Wednesday’s filing. “The present civil action represents the first occasion on which Counter-Defendant has sought to enforce its registered trademarks against another party.”
Earth, Wind & Fire has continued to tour since founder Maurice White died in 2016, led by longtime members Philip Bailey, Ralph Johnson and White’s brother, Verdine White. The band operates under a license from Earth Wind & Fire IP, a holding company owned by Maurice White’s sons that formally owns the name.
In a March lawsuit, that company accused Legacy Reunion of trying to trick consumers into thinking it was the real Earth Wind & Fire. Though it called itself a “Reunion,” the lawsuit said the tribute band contained only a few “side musicians” who briefly played with Earth, Wind & Fire many years ago.
“Defendants did this to benefit from the commercial magnetism and immense goodwill the public has for plaintiff’s ‘Earth, Wind & Fire’ marks and logos, thereby misleading consumers and selling more tickets at higher prices,” the group’s lawyers wrote.
Tribute acts — groups that exclusively cover the music of a particular band — are legally allowed to operate, and they often adopt names that allude to the original. But they must be clear that they are a tribute band, and they can get into legal hot water if they make it appear that they are affiliated with or endorsed by the original. In 2021, ABBA filed a similar trademark lawsuit against a band that had been touring under the name ABBA Mania, calling it “parasitic”; that suit was quickly settled after ABBA Mania agreed to stop using the name.
According to Earth, Wind & Fire’s lawyers, the use of “Legacy Reunion” was not a clear enough distinction. The lawsuit cited alleged examples of angry consumers who mistakenly bought tickets for the wrong band, including one that read, “This was not Earth Wind and Fire. NO Philip Bailey or Verdine White. It was just a band playing Earth Wind and Fire music. I purchased 3 tickets and I was very disappointed. It was truly false advertisement. I want my money back!!!!!”
Wednesday’s filing came as a so-called “answer and counterclaims” — a standard response to any lawsuit, in which a defendant like Legacy Reunion can formally deny the accusations and level their own at their opponent.
In its counterclaims, Legacy Reunion argued that the band’s lack of enforcement against other tribute bands means that its trademark to “Earth, Wind & Fire” should be formally “cancelled.”
Why is the music business picking on Brewster Kahle? All the technology activist wants to do with the Internet Archive, which he founded in 1996 and still chairs the board of, is create a digital library that offers “universal access to knowledge.” Isn’t that the promise of the digital age — that anyone with an internet connection can access anything ever created?
Turns out it’s more complicated than that. On Aug. 11, Universal Music, Sony Music and Concord Music filed a lawsuit, managed by the RIAA, against the Internet Archive, Kahle’s foundation, Kahle himself and an audio archivist who worked on the project, for infringing the copyrights to old recordings that the Internet Archive makes available through its “Great 78s” project to digitize old recordings originally issued as 78rpm records.
Already, in June 2020, four big book publishers had sued the Internet Archive for making available for a limited time copy-protected digital versions of books — first as many as it had in its collection or those of its partners, then during the pandemic, with its National Emergency Library, as many as users wanted. The publishers won on summary judgement, although the Internet Archive has said it will appeal.
The Internet Archive does lot of worthwhile work: its Wayback Machine tracks old web pages, offers access to considerable information in the public domain, and boasts an expansive collection of live Grateful Dead recordings. The Great 78s project makes available some old recordings that might otherwise be lost, but according to the RIAA lawsuit it also offers streaming access to plenty of recordings that are big business, including Bing Crosby’s iconic version of “White Christmas” — by some measures the most popular recordings of the 20th century — plus Buddy Holly’s “Peggy Sue,” Chuck Berry’s “Roll Over Beethoven” and Frank Sinatra’s “I’ve Got the World on a String.” The 78, may be an obscure format, but some of the music originally released that way is still relatively popular.
The Internet Archive responded in a blog post that it’s a “lawsuit targeting obsolete media.” “When people want to listen to music they go to Spotify,” Kahle said in a statement on the blog. (The Internet Archive did not comment other than pointing to this post.) “When people want to study 78rpm sound recordings as they were originally created, they go to libraries like the Internet Archive. Both are needed. There shouldn’t be conflict here.”
Except that many of those “78rpm sound recordings” aren’t obsolete at all — they’re the exact same recordings that are on Spotify, plus Apple Music and other streaming services. The versions available on the Internet Archive sound scratchy, but the recordings themselves weren’t originally created that way, and the wear on the particular 78s that were digitized by the archive is less about the history of recorded music than about how careful a particular person was with his or her records.
Kahle presents himself as a “digital librarian” who’s making books — and music and other media — available the way libraries always have. But it’s worth remembering that the legal arguments for the Internet Archive’s book-lending program aren’t based on the provision of copyright law that provides exceptions for libraries. Instead, the archive’s legal claim is that copying and distributing books temporarily is fair use. Which means that, if the Internet Archive had won, any library — or, importantly, perhaps any nonprofit entity that defined itself that way, or maybe any entity at all — could copy books it had purchased in order to distribute them. (The archive, in turn, says that its loss is a disaster for libraries, since they have to license books from publishers; but shouldn’t libraries — an essential public good — be funded by the public in a way that’s fair to creators and rightsholders?) Kahle, who has campaigned for years against what he sees as the excesses of copyright, seems to want to change the law.
“The fact that you own a particular copy doesn’t mean that you can make and distribute copies of that copy — this is basic copyright law,” said Maria Pallante, chief executive of the Association of American Publishers (AAP), which helped to guide the publishers’ lawsuit. “They were trying to bloat fair use, while also asserting a first sale defense that applies only to tangible goods, not bootleg digital files.”
The RIAA is suing at least partly to establish case law behind the part of the 2018 Music Modernization Act, which extended federal copyright protection to recordings made before 1972, which were previously only covered under state law. The labels may also want to collect damages: Since statutory damages for willful infringement can be set by judges or juries at up to $150,000, this case could potentially cost the Internet Archive as much as $412 million. “This is the kind of egregious behavior that the Music Modernization Act was intended to address,” says RIAA CEO Mitch Glazier.
Recordings were only covered under state law until the Copyright Act of 1976, but it wasn’t retroactive. And although some opponents of copyright characterized the Music Modernization Act as a land grab by media companies, that doesn’t hold up: Some state laws made it unclear whether copyright protection ever lapsed at all. Indeed, one reason that sound recordings copyrights were federalized in the first place was to help libraries and archives take advantage of the exceptions and limitations that exist in federal copyright legislation, including fair use and specific exceptions for libraries and archives.
As it happens, the subject of federal copyright protection for pre-1972 recordings was studied in a 2011 report by the Register of Copyrights, and substantial attention was devoted to “challenges of preservation and access.” “Substantively,” the report recommended, “the use of section 108 and the fair use exception should encourage more preservation and public access because they provide time—tested rules with which libraries and archives have experience.”
The law under which the Internet Archive is being sued was actually set up partly to help it and other archives, especially in its “orphan works” provision, the result of a compromise between Music Modernization Act proponents and opponents, that allows organizations to use pre-1972 recordings for non-commercial purposes after checking to make sure they’re not in commercial use. (There’s a procedure for this.) If the Great 78s project really intends to make available music that is in danger of disappearing, the law allows for that. Why aren’t Kahle and the Archive following it? It’s hard to imagine that Kahle doesn’t understand the law.
And that’s why the music business is picking on Brewster Kahle — because it sometimes seems as though the Internet Archive is as much about pushing the boundaries of copyright law as it is about preserving creative works in the first place. Libraries play a crucial role in any democratic society, and Kahle and the archive do a lot of important work. But so do the performers and songwriters — and, yes, the labels and publishers — who made all of these recordings possible in the first place.
Backstreet Boys member Nick Carter is facing a third sexual abuse lawsuit, this time from an unnamed woman who claims he assaulted her when she was 15 years old.
In a complaint filed Monday in Las Vegas court, a Jane Doe accuser identified as “A.R.,” claims that Carter sexually assaulted her on multiple occasions in 2003, when he was in his early 20s, including several times on a yacht and once on a tour bus.
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She claims Carter “knowingly provided alcohol and drugs” and then assaulted her “despite her repeated refusals and requests for him to stop.” The incident left her with sexually-transmitted diseases and other lasting effects, she claims.
“The impacts of Carter’s sexual abuse are ceaseless, causing plaintiff severe emotional distress, physical anguish, intimacy issues, and other complex trauma,” the accuser’s lawyers write.
Carter is already facing lawsuits from Shannon “Shay” Ruth, a woman who says he raped her on a tour bus when she was 17 years old, and from Melissa Schuman, a former member of teen-pop group Dream who has long claimed that she was assaulted by the singer.
The singer strongly denies the accusations and is countersuing both women for defamation, saying he’s victim of “conspiracy” that aims to “to harass, defame and extort” him by exploiting the #MeToo movement.
In a statement responding to the latest case, Carter’s lawyers called the new accusations “ridiculous,” saying they had been thoroughly investigated and rejected as “meritless” by law enforcement at the time — and that police even concluded that A.R. “could herself have been charged with a crime” over the incident. They claimed she was also later “threatened with criminal charges for filing a false police report” over a separate matter.
“Now she’s at it yet again,” Carter’s lawyer Dale Hayes Jr. said in the statement. “But repeating the same false allegations in a new legal complaint doesn’t make them any more true. Nick is looking forward to the evidence being presented and the truth about these malicious schemes coming to light.”
Like the previous cases, the new lawsuit against Carter includes graphic details of alleged sexual assault.
The lawsuit claims the first incident occurred in August 2003 on Carter’s yacht, where he allegedly “directed” the intoxicated plaintiff to a cabin and “engaged in oral sexual intercourse with A.R. and penetrated her vagina with his genitals” without her consent.
Days later, she claims that Carter’s sister “encouraged” her to meet him on a bus, where he “coerced A.R. to orally copulate his genitals.” A month after that, another alleged assault took place on the yacht, during which Carter allegedly “enticed three other men” to watch them have sex.
“Defendant Carter instructed these same three male friends to observe his assault of A.R. through a window hatch on the boat,” her lawyers write, adding that he “attempted to perform anal sex” on her during this incident “despite her repeated refusals and requests for him to stop.”
Later that year, the accuser claims she and her mother reported the incident to police in Pennsylvania, where she lived at the time.
In their statement on Wednesday, Carter’s attorneys insisted that police had cleared him of wrongdoing after that investigation. But John Kawai, the lawyer who filed Monday’s case, said in a statement that his civil allegations were not foreclosed by the lack of criminal charges: “Abusers can take notice that just because they avoided prison doesn’t mean they don’t have to answer to a jury for their actions.”
The other lawsuits against Carter remain pending, as does his counter-suit. Lawyers for his accusers pushed to dismiss Carter’s defamation case under Nevada’s so-called anti-SLAPP law, arguing that he was using litigation to retaliate against an accuser who was speaking out. But in March, a Nevada judge rejected that request and allowed Carter’s case to move forward.
A company that owns the rights to the “Space Jam” theme is suing a minor-league baseball club for using it – the latest in an increasingly active legal campaign to demand payment for a song that has been heavily used in internet memes and mashups for the past twenty years.
Watson Music Group, which bought the rights to “Space Jam” in 2019 from its original songwriters, has filed three federal lawsuits in the last three months, accusing companies of infringing its copyrights by using the song on the internet without permission. It’s also sent legal threats to an unknown number of others, arguing that unauthorized users must pay a “retroactive license” to avoid legal liability.
The latest target? The Wisconsin Timber Rattlers – a minor league affiliate of the Milwaukee Brewers that Watson sued on Monday, accusing the team of briefly using the “Space Jam” song in a 2017 Facebook video. The 35-second clip, still live as of Tuesday, features the track playing in the background as the team’s mascot dunks a basketball.
“Despite plaintiff’s efforts and willingness to address defendant’s infringing activity, defendant failed to respond and plaintiff was forced to seek judicial intervention for defendant’s infringing activity,” the lawsuit claims, before demanding as much as $150,000 in statutory copyright damages from the team.
Performed by Florida hip-hop trio Quad City DJ’s, “Space Jam” was released as a theme song for the 1996 movie of the same name – a classic live-action/animated flick featuring NBA superstar Michael Jordan and the characters from Looney Tunes squaring off in a basketball game against alien invaders. The song plays during the opening credits, blasting its mix of pumped-up raps and bass-heavy dance beats over archival footage of Jordan’s career.
The movie was a hit, but the music was a smash. A star-studded soundtrack album, also featuring R. Kelly’s chart-topping “I Believe I Can Fly,” reached No. 2 on the Billboard 200 in April 1997. And while Quad City’s theme song didn’t reach the heights the group’s earlier “C’mon N’ Ride It (The Train),” the track was also a hit in its own right, eventually hitting No. 37 on the Hot 100.
In legal filings, Watson (which also goes by Quadrasound Music) says it acquired the rights to “Space Jam” composition in 2019 from its original songwriters: Quad City’s Jay “Ski” McGown and Nathaniel “C.C. Lemonhead” Orange, as well as Van “Thrill Da Playa” Bryant of the closely-affiliated Miami hip hop group 69 Boyz.
Since then, the group has not been shy about enforcing those rights. On a website focused exclusively on Watson’s “100%” ownership of the “Space Jam” rights, a large-print banner reads: “Did you receive a notice from us?” Below that question, the site informs visitors that “U.S. copyright law provides large financial penalties for using someone’s copyrighted work without permission.”
The site then features a frequently-asked-questions section, warning readers that any use of the theme song on social media would require payment: “If your post contains any elements of the original composition ‘Space Jam’, you will need permission (a license) from Quadrasound Music.” Another question in the FAQ asks whether removing such a post, or offering credit, would suffice to avoid litigation. “None of these actions limit your liabilities as a copyright infringer,” the site answers, before explicitly stressing that copyright damages can reach $150,000 for a single infringed work.
But, the Watson website says, it doesn’t need to come to all that: “We would rather save you the expense and worry of litigation by having you work with us to resolve this matter outside of the courts by issuing you a retroactive license.”
Depending on how aggressive they want to get, Watson/Quadrasound could have plenty of targets to send those notices demanding payment.
That’s because, in the mid-2000s, Quad City’s “Space Jam” theme enjoyed a bizarre second act as a meme. Across early internet sites like Something Awful and 4chan, users published hundreds of absurdist “slam remix” videos, combining the track with other songs and video clips, often inexplicably featuring NBA star Charles Barkley.
By the early 2010s, the trend had largely faded away – most memes do. But dozens of slam remixes still exist on YouTube, and whole websites dedicated to the art of slamming are still live in 2023. During a late-night appearance in 2021, Tony-winning playwright Lin-Manuel Miranda heaped praise on Slamilton, a full-length LP splicing “Space Jam” with his musical Hamilton: “Kudos to the genius who made that. The internet remains undefeated.”
In a 2021 Billboard story recounting the long, strange history of slam remixes, Quad City member Jay Ski seemed to love the fact that his song had been meme-ized: “I feel so honored that the community embraced us and said, ‘Hey, let’s use this.’ Think about all the records they could’ve used,” he said at the time. “For ours to take on its own direction and own little world, that’s awesome.”
Do the creators of all those remixes have licenses to use “Space Jam”? Almost certainly not. So, is every one of them going to get letters from Watson, demanding they take “retroactive licenses” or risk costly litigation? Darren Heitner, a Miami lawyer who serves as the company’s outside general counsel, said he could not answer that question and that every case would be treated individually.
“I can’t speak broadly to whether our client is seeking payment from everyone who has used the content as part of a meme, given the facts vary on a case-by-case basis and there are instances where a meme may be commercialized or be used as part of a larger commercial enterprise,” Heitner told Billboard.
Heitner would not say how many legal notices Watson/Quadrasound had sent out, nor how much money the company typically demanded in licensing fees to avoid litigation.
“Our client’s policy is to send out a notice when it, with reasonable diligence, discovers the infringement,” Heitner said. “It has recently become much more active in policing such infringement with the intent to engage in thorough discourse with the infringer before escalating each matter.”
Over the past three months, the company has begun rapidly filing lawsuits against those who refuse to pay or ignore demands. In May, Watson sued SportsGrid, a New York-based sports betting media company, over allegations that it featured “Space Jam” repeatedly in videos and podcasts without licenses. Then in June, the company sued a Florida company called CPPM Leasing LLC, claiming it had used the song in a basketball-themed Facebook video in 2019. And now this week, Watson filed its suit against the Wisconsin Timber Rattlers over its slam-dunk video.
Those cases are a far cry from suing every creator of a meme, of course. They target sophisticated business entities who chose to use a copyrighted song in commercial contexts to help promote themselves, not random individuals who mashed-up two songs for fun. But if you believe Watson’s own language, the company does not make that kind of distinction between different types of alleged infringers.
“Is an unauthorized version of the composition ‘Space Jam’ considered copyright infringement?” the company asks in its FAQ. “Yes (there are a few exceptions). Without permission from Quadrasound Music, you most likely are an infringer.”
A team investigating sexual assault allegations by the late founder of a powerful talent agency for boy bands has found the charges credible, calling Tuesday (Aug. 29) for compensation for the victims and the resignation of the current chief executive.
The three-month probe, which included speaking with 23 victims, concluded that Johnny Kitagawa sexually assaulted and abused boys as far back as the 1950s and targeted at least several hundred people.
The investigative panel said Johnny & Associates must apologize, strengthen compliance measures and educate its ranks about human rights. Julie Keiko Fujishima, the chief executive, must resign for not taking action over the years, according to the special team. Kitagawa died in 2019 and was never charged.
“The company’s coverup led to the sexual abuse continuing unchecked for so long,” investigative team leader Makoto Hayashi told reporters in Tokyo. “There were many opportunities to take action.”
Critics say what happened at Johnny’s, as the Tokyo-based company is known, highlights Japan’s lagging awareness about rape, sexual harassment and human rights. Public opinion has often been unsympathetic toward people who say they were targeted by sexual predators.
In the Johnny’s case, about a dozen men have come forward in recent months to allege sexual abuse by Kitagawa, the agency’s founder, while performing as teens. More people are expected to come forward, the report said.
Fujishima has so far only apologized in a brief online video for “disappointment and worries ” over the case. It is unclear whether she will resign. The company in a statement reiterated its earlier apology and promise to hold a news conference, once it had studied the team’s report.
While rumors of abuse at Johnny’s circulated over the years and several tell-all books have been published, Japan’s mainstream media remained silent. Kitagawa began his management career with the teen boy band the Johnnys before founding Johnny & Associates in 1962, which spawned a series of “idol” groups including SMAP and Arashi.
Serious questions resurfaced this year after BBC News produced a special segment focused on several people who claimed to be Kitagawa’s victims. Another turning point came earlier this month when the U.N. Working Group on Business and Human Rights urged the Japanese government to take action. The group also accused Japan’s mainstream media of what it called “a cover-up.”
According to the allegations, Kitagawa asked fledgling singers and dancers, many of them children, to stay at his luxury home. When he told one of them to go to bed early, everyone knew it was “your turn,” those who have spoken up told the panel.
The boys were raped by Kitagawa when they were 14 or 15 and given 10,000 yen (about $100) bills afterward, the report said. It added that the victims feared they would be penalized if they refused. It recommends more people come forward, promises that their privacy will be protected and that no material evidence of a sexual attack will be required.
Those who have spoken out say they have been painfully traumatized, unable to tell anyone, even family, and still suffer flashbacks and depression, the report said.
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: Eminem invokes special political licensing rules to block a Republican presidential candidate from using his music at rallies; a federal judge cites Biggie & Wu-Tang to dismiss a copyright case; the messy Isley Brothers lawsuit has no quick end in sight; and much more.
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THE BIG STORY: Eminem Pulls Music From GOP Candidate
Eminem is demanding that a Republican presidential candidate stop using “Lose Yourself” on campaign stops — and, lucky for him, licensing groups like ASCAP and BMI have made it easy for him to do so.
In a letter obtained by Billboard, a rep for BMI formally asked Vivek Ramaswamy’s campaign last week to stop using Eminem’s music, saying the star himself had requested that they do so. The move came less than two weeks after the candidate was captured in a viral video rapping the lyrics to the smash hit song at an event in Iowa.
“This letter serves as notice that the Eminem Works are excluded from the Agreement effective immediately,” the group wrote in the letter. “BMI will consider any performance of the Eminem Works by the Vivek 2024 campaign from this date forward to be a material breach of the agreement for which BMI reserves all rights and remedies.”
A spokeswoman for the campaign quickly announced that Ramaswamy would comply, saying they would “leave the rapping to the real Slim Shady.”
And that’s because they pretty much had to under the terms of BMI’s special “political entities” license – a unique legal solution crafted to address the problem of music stars who want to freely license their songs to stadiums, bars and other public spaces, but not to certain politicians.
To learn more about Eminem’s letter to Ramaswamy – and the history of top artists complaining about their music being used at political rallies – go read our full story over at Billboard.
Other top stories…
JUDGE KNOWS HER HIP HOP – It’s not every day that you see a federal judge cite Biggie, Wu-Tang, Kanye, F. Scott Fitzgerald and Neil Young in a single ruling. But that’s what Judge Martha Pacold did when she tossed out a copyright lawsuit against Future claiming he ripped off his 2018 song “When I Think About It” from an earlier track by a little-known Virginia rapper.
TRUMP HIRES GUNNA’S LAWYER – Facing a sweeping racketeering case in Atlanta, former President Donald Trump hired attorney Steven Sadow, a veteran Georgia criminal defense attorney who just represented Gunna in the high-profile criminal case against Young Thug and other rappers. Sadow, who has also represented Rick Ross, T.I. and Usher, will take over for Drew Findling, another lawyer with close ties to Atlanta’s hip hop community.
ISLEY BATTLE CONTINUES – A federal judge refused to quickly end a nasty lawsuit pitting members of the Isley Brothers against each other over the trademark rights to the band’s name. The ruling means more litigation over Rudolph Isley’s accusation that brother Ronald Isley of improperly is trying to secure sole ownership over a name that’s supposed to be jointly owned.
R. KELLY’S UMG ROYALTIES – More than $500,000 in R. Kelly’s royalties held by Universal Music Group must be handed over to Brooklyn federal prosecutors to help pay his victims, a federal judge ruled last week. The decision covers most of Kelly’s money held by Universal, but leaves unresolved questions about his funds held by Sony, Kelly’s former label, and about millions in additional money he owes to victims and debtors in other cases.
NAME CHANGE ENDS ‘FEST’ SUIT – Major League Baseball’s Minnesota Twins agreed to change the name of an upstart “TC Summer Fest” concert series in Minneapolis, a month after they were sued for trademark infringement by the organizers of Milwaukee’s decades-old Summerfest. The lawsuit accused the Twins of picking the name to “piggy-back” on the success of the existing event.
LIVE NATION SUED OVER INJURY – A stagehand hired to prepare a recent concert by The Weeknd in Texas is suing Live Nation, claiming that the company is liable for negligence after his leg was run over by a forklift while the stage was being built.