is a music publishing company located in Georgia. is the music publishing company used by Andre Harris. ¶¶ 59-60, 62.)ĭirty Dre Music/Universal Publishing, Inc. (Id.)Īndre Harris, Dominique Muro, and Vidal Davis are songwriters, listed as co-writers of the album, “Confessions,” and the song, “Caught Up.” (Id. ¶ 57.) Dupre is also a producer of Usher’s “Confessions” album. Jermaine Dupre Mauldin is a songwriter and president of So So Def Record Label. The following defendants have not moved to dismiss the Complaint and have not joined the motions filed by the other defendants. Hitco Music, Poo BZ Publishing, and Boyd (collectively, the “Boyd Defendants”) are the final group of defendants to file a motion to dismiss. Jason Boyd is a songwriter who is also a co-writer of Usher’s album, “Confessions,” and Usher’s song, “Caught Up.” (Id. is a music publishing company listed on the copyrights for Usher’s song, “Caught Up.” (Id. Hitco Music Publishing, LLC is a music publishing company located in Georgia. Robinson, MBK Entertainment, Toby, EMI April Music, EMI Music Publishing, EMI Music, and Pladis Music (collectively, the “Robinson Defendants”) also moved to dismiss the Complaint. is a music publishing company based in Georgia. is a Delaware corporation with its principal place of business in New York. is named as a defendant, no information describing the entity is provided in the Complaint.ĮMI Music Inc. ¶ 63.)Īlthough EMI Music Publishing, Inc. Maurice Ryan Toby, known as Ryan Toby, is a songwriter who is listed as a co-writer of Usher’s album. ¶ 50.) Pyatt alleges that MBK Entertainment is a joint business venture between Keys and Robinson. is a New York-based record label and management production and film company. Jeffrey Robinson is president of MBK Entertainment, Inc. Keys and Krucial Keys (collectively, the “Keys Defendants”) also moved to dismiss the Complaint as against themselves. is a New York corporation with its principal place of business in New York. Usher, Sony BMG Management, Sony Music Entertainment Digital, Zomba Recording, Arista Records, LaFace Records, Sony BMG, Sony Music Entertainment, Sony/ATV Tunes, and Sony/ATV Music Publishing (collectively, the “Usher Defendants”) filed a motion to dismiss the Complaint under Federal Rule of Civil Procedure 12(b)(6).Īlicia Augello Cook, better known by her stage name Alicia Keys, is a Grammy-winning recording artist and musician. Sony/ATV Tunes LLC and Sony/ATV Music Publishing LLC are Delaware limited liability companies with their principal places of business in New York. are Delaware corporations with their principal places of business in New York.
Sony BMG and Sony Music Entertainment, Inc. Sony BMG Management Co., LLC, Sony Music Entertainment Digital LLC, Zomba Recording LLC, and Arista Records, Inc. ¶ 46.) The allegedly infringing song is part of Usher’s album, titled “Confessions.” Usher Raymond IV (“Usher”) is a Grammy-winning performing and recording artist. ¶ 40.) Bang Hitz Publishing is her publishing company. For the reasons discussed below, the motions to dismiss are granted.
Pending before the Court are four motions to dismiss filed by four different groups of defendants. The crux of Plaintiffs’ Complaint is that Usher’s song, titled “Caught Up,” is copied from Pyatt’s song, also by the same name. Wadena Pyatt and Bang Hitz Publishing (collectively, the “Plaintiffs”) commenced this action against numerous defendants in the music industry, including well-known recording artists Usher and Alicia Keys. MEMORANDUM AND ORDER GRANTING DEFENDANTS’ MOTIONS TO DISMISS Her opinion (below) gives the words of all songs at issue, and a neat discussion of the music of both works, handily bandying about stylistic terminology like “Jamaican dancehall”, “hip-hop” and “Motown”. Happily, Judge McMahon felt confident enough to compare both the words and music of both songs, and determine there was no need for a jury to consider whether there was substantial similarity of protectable expression between the songs. By extending themselves (financially and creatively) to the Plaintiff, the pop singers “Usher” and Alicia Keys, and media companies associated with them, inadvertently made themselves an attractive target for this claim, which is ultimately based on nothing more than a commonplace two-word title: “Caught Up”. The case is a regrettably typical instance of a copyright Plaintiff biting the hand that feeds it. From Judge McMahon’s opinion, affirmed by the 2nd Circuit, hearing it would likely not affect one’s impression that this claim of infringement is baseless. We have been unable to obtain an audio clip of Plaintiff’s song.
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