State Champ Radio Legal News
Page: 98
Sean “Diddy” Combs just scored a significant win in his case against alcohol giant Diageo after a judge denied two crucial motions filed by the liquor maker, according to court documents filed Thursday.
Combs himself was present in court for the ruling, during which New York state judge Joel M. Cohen rejected Diageo’s motions for the case to be dismissed or, alternatively, sent to private arbitration. The case will now move forward in state court, with the trial open to the public.
The lawsuit, brought by Combs in May, claims Diageo breached its partnership deal with the artist and entrepreneur for its DeLeón Tequila by failing to properly support the brand, thereby harming its sales. Combs’ lawsuit also leveled accusations of racism against the alcohol company, accusing it of treating his product line “worse than others because he is Black.”
In June, Diageo fired back by calling Combs’ racism accusations “false and reckless” and part of an effort to “extract additional billions” from the company while concurrently filing motions for dismissal or arbitration. At the same time, a spokeswoman for Diageo noted the company had permanently severed its business relationship with Combs, claiming the rapper had “repeatedly undermined our partnerships and threatened to publicly defame Diageo if we did not meet his unreasonable financial demands.” The company additionally painted Combs as “an unreliable and untrustworthy business partner” who failed in his obligations to support DeLeón.
In asking Cohen to keep the case out of court, the company argued that the “garden variety” business dispute should have been decided under a binding arbitration agreement previously signed by both parties. But the judge clearly disagreed, striking down Diageo’s motions after hearing oral arguments from attorneys on both sides of the case for more than 90 minutes on Thursday.
“This case has always been about getting fair and equal treatment,” said Combs’ lawyer John Hueston in a statement. “Today’s decision is an important step in the right direction. Diageo tried to end this action. Today the judge soundly rejected that effort.”
Combs added, “I’m fighting for fair and equal treatment for everyone. This isn’t just about me. I look forward to continuing this fight in court. We all deserve the same 24 hours.”
A spokesperson for Diageo sent the following statement: “While we are disappointed with yesterday’s procedural decision, it is important to underscore that this is not a ruling on the merits of the claims, which we maintain are false and baseless. We are currently considering all legal options.”
Kanye West filed a lawsuit in California on Wednesday (Sept. 6) against the individual or entities responsible for taking and distributing copies of his music that have ended up on social media.
In the complaint, the artist, who now goes by Ye, alleges trade secret misappropriation and breach of contract due to the unauthorized leaks of copyrighted works on both Instagram and X (formerly Twitter), arguing they have caused “substantial harm” to his reputation.
Ye’s lawyers claim that starting on Mar. 3, 2023, the owner of the @daunreleasedgod_ handle on Instagram went on a leaking spree of unreleased tracks, including “We Did it Kid,” “Shy Can’t Look,” “NASDAQ” and “Mr. Miyagi,” as well as collaborations with artists including DJ Khaled and unauthorized video footage of a Donda listening party.
The rapper’s complaint goes on to cite the @daunreleasedgod_ account on X for similarly posting unauthorized leaks on dates ranging from mid-June to late August. “Ye has suffered significant financial losses and damages as a direct result of the Defendants’ actions,” the suit alleges.
The lawsuit does not name @daunreleasedgod_ or any of its other variations as a defendant in the case, only that it was the main distribution vehicle for the leaks.
Ye’s lawsuit indicates that he “does not know the true names or capacities” of the defendants who leaked the tracks to the Instagram or X user(s), but believes that those individuals were required to sign confidentiality agreements with him before they were given access to the compositions. By leaking and distributing the tracks, the defendants breached their contract with the artist and owe him damages and any profits generated, the complaint adds.
The filing continues that the “distinctive arrangement and unique elements” found in Ye’s music amount to a trade secret “due to its economic value, secrecy, and the efforts taken to safeguard it” and that the defendants violated their contract with Ye when they “knowingly and unlawfully acquired, disclosed, and distributed” those unique works.
The case, filed by Gregory K. Nelson of Weeks Nelson, seeks to restrain the defendants and “those acting in concert with them or at their direction” from further exploitation of Ye’s compositions and demands damages, fees and other costs. While the identities of the defendants are not yet public, “Ye will amend its Complaint to set forth the true names and capacities of these defendants when they have been ascertained.”
The head of a powerful Japanese talent agency resigned Thursday (Sept. 7) and made an apology punctuated by repeated, lengthy bows, nine days after an internal investigation concluded that its founder had sexually abused hundreds of young performers over decades.
Julie Keiko Fujishima announced she was stepping down as president of Johnny & Associates, the agency founded by her late uncle Johnny Kitagawa, and promised to contribute to a compensation fund from her own fortune.
“This is what my uncle committed, and as a niece, I want to take responsibility,” Fujishima said solemnly. Fujishima said the alleged sex abuse had really happened and that she would stay on the company’s board to see through a victim compensation program.
A group of men who accused Kitagawa of raping them as children said they were pleased the company apologized, but some had reservations.
“The wounds in my heart will not heal,” Yukihiro Oshima told reporters. “But I feel a little better.”
Fujishima remains the sole owner of Johnny’s, and her replacement faces his own allegations of mistreating young performers.
Rumors that Kitagawa had abused children followed his career for decades, but his power allowed him to silence almost all allegations until his death in 2019. The company agreed to investigate earlier this year, after the BBC aired a documentary that spoke with several accusers and others began to come forward by name.
The three-month probe concluded that Johnny Kitagawa sexually assaulted and abused boys as far back as the 1950s and targeted at least several hundred people.
The company named a 56-year-old performer as its new leader. Noriyuki Higashiyama said he was retiring as an actor and singer to take the job, a role that will include overseeing compensation for men who were assaulted as children.
“A horrendous crime has been committed,” Higashiyama told reporters at a Tokyo hotel, bowing deeply with Fujishima.
“It will take time to win back trust, and I am putting my life on the line for this effort.”
Higashiyama immediately fielded questions about allegations that he had engaged in bullying or sexually abusing other Johnny’s boys.
“I don’t remember clearly; maybe it happened, maybe it didn’t,” he said.
He acknowledged he tended to be strict with younger performers, and that he may have done things as a teen or in his 20s that he would not do now. A new company structure, which will include an outside compliance officer, will be announced next month, Fujishima said.
At one point, she choked down tears, stressing the achievements of the company’s singers and dancers. “I only feel deep gratitude to all the fans,” she said. Kitagawa had been so powerful that she, and many others, had kept silent, she added.
The men who have come forward say Kitagawa raped, fondled and abused them while they were working for his company as dancers and singers.
Many of the victims were members of a backup group called Johnny’s Jr., who danced and sang behind bigger stars. One man who came forward recently said he was routinely molested when Kitagawa had yet to found his company. He was just 8 years old.
Higashiyama denied he was a victim. He said Kitagawa had been like a father to him, while denouncing his acts as “the most pathetic in the history of humankind.” When he found out what Kitagawa had done, he felt as though he had lost everything, Higashiyama recalled.
“Whether I am qualified to take on this job, you be the judge,” he said.
Separately, Guinness World Records said it had stripped Kitagawa of all the records he had held, such as No. 1 hits, according to its policy toward “criminals.”
Sam Smith and Normani have prevailed in a copyright lawsuit against their 2019 hit “Dancing With a Stranger” a California judge agreed to dismiss the case Wednesday (Sept. 6). Released in 2019 off Smith’s third studio album Love Goes, “Dancing with a Stranger” is one of their top-charting hits, peaking at No. 7 on the […]
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: The owners of the rights to the “Space Jam” theme song are demanding payment for a song that’s been heavily used in internet memes and online mashups; Cardi B and Megan Thee Stallion beat a copyright lawsuit over ‘WAP’; Karol G and Tiësto are sued for infringement over a little-known song; and much more.
Want to get The Legal Beat newsletter in your email inbox every Tuesday? Subscribe here for free.
THE BIG STORY: Everybody Get Up, It’s Time To Sue Now
The theme song to the movie Space Jam, performed by Florida hip-hop trio Quad City DJ’s, is a mid-1990s classic, with bass-heavy dance beats that instantly call to mind Michael Jordan and the characters from Looney Tunes squaring off in a basketball game against alien invaders. I know you can hear it now: Here’s your chance, do your dance, at the Space Jammmm….
But it’s also, weirdly, a mid-2000s classic. Somewhere in the hazy early days of social media, the theme embarked on a bizarre second act as a meme – the basis for hundreds or thousands of absurdist “slam remix” videos that combined the song with other audio and video, often inexplicably featuring NBA star Charles Barkley. By the early 2010s, the trend had largely faded away – most memes do. But many slam remixes still exist on YouTube, and whole websites dedicated to the art of slamming are still live in 2023.
Now, that might be something of a problem — because, two decades later, the Space Jam theme song has new owners who are carrying out an increasingly active legal campaign to demand payment from people who used it.
Watson Music Group, a company that bought the rights to “Space Jam” the song in 2019 from its three 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 other alleged infringers, arguing that unauthorized users must pay a “retroactive license” to avoid legal liability.
For more about the legal campaign over the rights to “Space Jam,” go read our full story, featuring details about the latest lawsuit and a response from the company’s lawyer.
Other top stories this week…
CARDI & MEGAN BEAT COPYRIGHT CASE – A federal judge tossed out a lawsuit accusing Cardi B and Megan Thee Stallion of stealing the lyrics to their smash hits “WAP” and “Thot Shit” from an earlier track called “Grab Em by the P—-,” ruling that short lyrics like “p—- so wet” were simply too unoriginal to be covered by copyright law.
EARTH, WIND & FIRE NAME LAWSUIT – A tribute band that was sued earlier this year 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.
NICK CARTER ABUSE LITIGATION – The Backstreet Boys member, who is facing multiple accusations of sexual assault from the 2000s, was hit with a third such lawsuit, this time from an unnamed woman who claims he assaulted her when she was 15 years old. But Carter also won a ruling allowing him to proceed with a defamation countersuit, which claims he’s victim of “conspiracy” orchestrated by his accusers.
KAROL’S COPYRIGHT CLASH – Karol G and Tiësto were hit with a copyright lawsuit over their song “Don’t Be Shy,” filed by a Cuban-American songwriter (Rene Lorente) who says their track features elements that are “practically identical” to his earlier tune called “Algo Diferente.”
TEXAS DRAG LAW BLOCKED – Following similar rulings in Tennessee and Florida, a federal judge in Texas blocked the state from enforcing a newly-enacted law restricting drag performances, ruling that the law likely violates the First Amendment.
A group of men who say they were sexually abused by a Japanese boy band producer expressed hope Monday (Sept. 4) that the company will provide financial compensation and introduce measures to prevent a recurrence.
They say producer Johnny Kitagawa sexually preyed on young dancers and singers for decades, having them stay at his luxury home, handing them cash and leveraging promises of potential fame. The company, Johnny & Associates, is a powerful force in Japan’s entertainment industry.
The men said at a news conference Monday that they have been ignored for decades by the company, Japanese society and mainstream media.
Company Chief Executive Julie Keiko Fujishima released a brief statement on YouTube in May about the accusations but has not appeared before reporters. The company has set a news conference for Thursday.
“We want Julie to apologize, as the chief executive and company owner,” said Shimon Ishimaru, one of nine men who have formed a group demanding an apology and compensation from the company. “For a company behind this big a crime to do nothing is unimaginable.”
Johnny’s, as the company is known, is family-run and not publicly listed. Kitagawa, Fujishima’s uncle, died in 2019 and was never charged.
A special team set up by the Tokyo-based company recently spoke to 23 accusers, but has said the total will likely balloon to at least several hundred people. The team also recommended Fujishima resign.
Junya Hiramoto, another member of Ishimaru’s group, said they hope to set an example for others who have suffered.
“Our wounds never fade,” Hiramoto said. “Do you think we aren’t still hurting? Do you think we can forget? Do you know what it’s like for us to come forward like this, filled with shame?”
Over the years, persistent allegations against Kitagawa have generally been dismissed as malicious rumors. Mainstream media stayed silent.
The U.N. Working Group on Business and Human Rights has urged the Japanese government to act to make sure that Johnny’s provides an apology and compensation and that government oversight of businesses be improved. The government has yet to take action.
Japan tends to be behind the West on issues of gender equality, children’s rights and awareness about sexuality.
It was only after a BBC documentary about Kitagawa aired this year that the scandal again became a topic of scrutiny.
Another accuser, Kauan Okamoto, spoke at the Foreign Correspondents Club in April, saying he trusted foreign media more than Japanese media. Okamoto, like many others who have come forward, was part of a backup boys’ group called Johnny’s Jr.
The Associated Press does not usually identify people who say they were sexually assaulted, but Kitagawa’s recent accusers decided to be named publicly in news accounts.
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—-.”
Explore
See latest videos, charts and news
See latest videos, charts and news
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.
Explore
Explore
See latest videos, charts and news
See latest videos, charts and news
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:
[embedded content]
[embedded content]
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 […]
