Summary Judgment Motions Denied In Alleged Hip Hop Infringement

Lessem v. Taylor et al., No. 07 Civ 10601(LLS), 2011 WL 344104 (S.D.N.Y. Feb. 3, 2011).

Plaintiffs moved for summary judgment that defendants' song "How We Do" infringes their copyrighted song "Elevator". (Defendants' song appears on the album "The Documentary" by hip-hop artist The Game.)

The Court analyzed defendants' access to the Plaintiff's work (specifically, through a third-party intermediary), the probative similarity of the two works (based on expert reports), the alleged improper appropriation, and whether or not defendants independently created their song. The Court determined that factual issues precluded summary judgment.

"One phone call will have ya body dumped in Marcy"

Welcome to the rap game...featuring, THE GAME! Suit filed yesterday in SDNY for copyright infringement arising from defendants -- rapper the Game, his label Universal/Interscope, his publishers -- unlawful use of plaintiff's original "music compositions." OTCS can picture the plaintiffs sitting, feather pen in hand, scribing the score on sheet music! Yeah right...probably put together some hooks, samples, and mixed it all together. But what does OTCS know? Who has the inside scoop?

Fact is: if you are going to work in the music industry, especially rap & hip-hop, get everything in writing! Otherwise, your boy will start playing games on you...

[Ryan Lessem; Douglas Johnson v. Jayceon Terrell Taylor p.k.a. The Game; UMG Recordings Inc.; Universal Music Group Inc.; Interscope Records Inc.; Lastrada Entertainment Co. Ltd.; Sony/ATV Music Publishing LLC; Universal Music Corp.; Warner Chappell Music Inc.; Music of Windswept; Black Wall St. Publishing LLC11/27/2007 07 CV-10601 ]