Beyonce Wins Copyright Infringement Lawsuit
Houston District Court Dismisses Unsubstantiated Copyright Infringement Lawsuit Filed Against Beyonce
On September 21, 2006 a United States
District Court in Houston dismissed a copyright infringement case
brought against Beyonce and the co-authors of the Grammy (R)
Award-winning, number one hit song "Baby Boy." Judge Nancy Atlas ruled
that Beyonce and the other defendants named in case did not infringe the
copyright in the plaintiff's song.
In response to the court's decision, Beyonce said, "It's
unfortunate that lawsuits such as this one occur, but I am grateful and
relieved to have this behind me and I am eager to move on."
"Baby Boy" was written and produced by Beyonce, Sean Paul, Scott Storch, Robert Waller and Jay-Z.
A Minneapolis singer-songwriter named Jennifer Armour asserted
in a lawsuit filed in July 2005 that her former manager, Marc McKinney
p/k/a Theo Forrest, submitted demo recordings of her song "Got a Little
Bit of Love for You" to Mathew Knowles (President, Music World
Entertainment), representatives of Beyonce's record label Columbia
Records, a division of SONY BMG Music Entertainment, and Sean Paul's
label Atlantic Recording Corporation in early March 2003. She soon
discovered in the litigation, however, that the writing and recording of
"Baby Boy" was substantially complete by February 10, 2003,
approximately one month before Armour alleged that her demo was
submitted.
The basis of the court's decision, however, was not the fact
that "Baby Boy" was in existence before the date on which the
plaintiff's demos were allegedly submitted to various people and
entities affiliated with the "Baby Boy" songwriters. Beyonce's attorney
filed a motion for summary judgment in which he asked the court to make a
side-by-side comparison of the plaintiff's song and "Baby Boy." One of
the key questions in a copyright infringement case is whether two songs
are "substantially similar" to one another. The court made the requested
side-by-side comparison and determined that no reasonable person could
conclude that "Baby Boy" is "substantially similar" to the plaintiff's
song. In fact, the court wrote that the two songs are "substantially
dissimilar" from one another.
Defendants named in the lawsuit included Beyonce, Jay-Z, Scott
Storch, Robert Waller, SONY BMG Music Entertainment, Hitco Music
Publishing, TVT Music, and Notting Dale Songs, all of whom were
represented by Henry ("Hank") J. Fasthoff, IV of Stumpf Craddock Massey
Farrimond; and Sean Paul, Atlantic Recording Corporation, EMI Music
Publishing, EMI April Music, VP Music Group, and Dutty Rock Music who
were represented by Roland Garcia and Rachel Sims of Greenberg Traurig.
Source: Music World Entertainment
HOUSTON, Oct. 2, 2006 /PRNewswire/ --
2006-2008 EMOL.org. All rights reserved.
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History may prove Beyoncé's
B'Day to be a rare double-whammy of an achievement. Not only is it
destined to hold up as one of the thumpingest, most polished-sounding
discs of 2006, it's also bound to loose a new phrase into the popular
lexicon: a "freekum dress" (n.), as described on a same-named track
halfway through this excellent CD, is a "right-fittin'" garment owned by
every woman; "when they act wrong, that's when you put it on."
Linguistic hijinks aside, here is Beyoncé as the public rarely sees her:
fully liberated and artistically fearless. "Ring the Alarm," a
big-banging, fire-alarm-clanging wake-up call to a cheating man, finds
her seething; "Kitty Kat," a feline-like size-up of a stale relationship
helped along by the still innovative Neptunes, shows her spurned; the
womanly, fire-in-the-belly come-on "Suga Mama" gets her way, way worked
up; and the crackling, vocally volcanic "Resentment" steeps her in
Aretha-caliber soul. For all the disc's solo trailblazing, though, where
it really soars is on one of two duets with Jay-Z: While "Up Grade U"
chugs along entertainingly enough about the good life ("I'm talkin' spa
bags and fly pads and rooms at the Bloomberg"), opener "Deja Vu" blasts
out a bomp-bomp beat nobody with a head to nod could resist. Cake,
candles, and Cristal or no, B'Days rarely get this good. --Tammy La
Gorce.
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Beyonce:
XL Teardrop Earrings-
As seen on Beyonce and from
Osei-Yaw's ultra-hip and urban collection in 18kt gold: this is an
exciting 7 1/2" white gold earring is made of interlocking teardrop
shapes. Only a single earring is shown, but this is for a complete pair.
Can also be purchased and worn singly for $485.
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