According The Hollywood Reporter, Rick Ross and Jermaine Jackson have filed a copyright infringement lawsuit against pop group LMFAO, Kobalt Music Publishing and Kia Motors America
based upon an alleged illegal use of the phrase, “Everyday I’m
Shufflin” in their 2010 hit song “Party Rock Anthem,” which is believed
to have been derived from the 2006 Rick Ross anthem, “Hustlin.”
Based upon the lawsuit filed in Florida federal court, “The use of
‘Hustlin’ in ‘Party Rock Anthem’, is readily apparent, despite the
slight change from ‘Everyday I’m hustlin’….to ‘Everyday I’m
shufflin’….’and constitutes, inter alia, the creation of an unauthorized
derivative work.”
What Does This Mean?:
Creators of works of art, in this case lyrics, have an ownership
interest in what they create. This includes rights to control how it is
recorded, distributed, performed, reproduced (i.e. – including prepare
derivative works/adaptation), displayed, etc. (The technical five
fundamental rights are the rights of reproduction, adaptation,
publication, performances and display.) Most, if not all, songs you hear
on the radio, on the internet and on television have been registered
with the Library of Congress for copyright protection.
According to the U.S. Copyright Office,
a derivative work is a work based on or derived from one or more
already existing works. Common derivative works include translations,
musical arrangements, motion picture versions of literary material or
plays, art reproductions, abridgments, and condensations of preexisting
works. Another common type of derivative work is a “new edition” of a
preexisting work in which the editorial revisions, annotations,
elaborations, or other modifications represent, as a whole, an original
work.
The plaintiffs, who are represented by attorneys from Gray Robinson, PA, are alleging that LMFAO failed
to obtain a license or permission to utilize the “Everyday I’m
Shufflin” phrase and further allege that the phrase is “performed in a
manner to sound like” Ross’ own, and “is an obvious attempt to
capitalize on the fame and success of Hustlin’”.
How Does This Affect You? :
If you are an artist, whether it is music, art, television, etc., it
is imperative to protect your work on a national level by filing
copyright application for what you created. Additionally, if you are
creating work that is or may be a derivative of a previous work or
includes a sample of a work owned by another party, permission is
required by way of a license or purchase and royalties and fees must be
paid in order to avoid a lawsuit.
Also, it is imperative that you do not ignore correspondence from a
party alleging wrong doing. Failure to respond may end in an injunction
(i.e. – a stop) to further sales of the alleged infringing music, along
with payment of statutory damages to the wronged party.
Rashida Maples, Esq. is Founder and Managing Partner of J. Maples
& Associates (www.jmaplesandassociates.com). She has practiced
Entertainment, Real Estate and Small Business Law for 9 years, handling
both transactional and litigation matters. Her clients include R&B
Artists Bilal and Olivia, NFL Superstar Ray Lewis, Fashion Powerhouse
Harlem’s Fashion Row and Hirschfeld Properties, LLC.
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