IP Law Daily, COPYRIGHT NEWS: Rapper Kendrick Lamar accused of copying music from 1975 Bill Withers record, (Apr 15, 2016)
Law Firms Mentioned:Clair G. Burrill, P.C.
Organizations Mentioned:Hard Working Black Folks, Inc. | Mattie Music Group dba Golden Withers Music | Musidex Music | Top Dawg Music | WB Music Corp. | Warner/Chappell Music, Inc.
By Thomas Long, J.D.
Rapper Kendrick Lamar has been sued for copyright infringement for using music copied from a 1975 recording of the Bill Withers song “Don’t You Want to Stay” in Lamar’s 2013 track “I Do This.” Also named as defendants were Mark Anthony Spears, a co-writer of the accused song, and the song’s publishers, WB Music Corp.; Hard Working Black Folks, Inc.; Top Dawg Music; and Warner/Chappell Music, Inc. The complaint was filed in the federal district court in Los Angeles (Mattie Music Group v. Lamar, April 14, 2016).
The plaintiffs—Mattie Music Group dba Golden Withers Music and Hadley Murrell dba Musidex Music—assert that they own and control the copyright in the composition “Don’t You Want to Stay,” written by Bill Withers, Melvin Dunlap, and Raymond Jackson. A recording of the song by Withers was released in 1975.
According to the complaint, “I Do This” consisted of nothing but rap or hip hop lyrics set to the existing music of “Don’t You Want to Stay,” with no new music added. The copied music was not merely sampled, the complaint states, but was copied directly and in its entirety, without authorization. The defendants allegedly were put on notice of the infringement via a series of cease-and-desist letters, but the accused track remained available for purchase by the public and was still being exploited by the defendants.
The plaintiffs request temporary and permanent injunctive relief, as well as monetary relief in the form of actual damages and an award of the defendants’ profits from the infringing conduct. In the alternative, the plaintiffs claim they are entitled to statutory damages under 17 U.S.C. §504, including enhanced damages for willful infringement.
The case is No. 2:16-cv-02561.
Attorneys: Clair G. Burrill (Clair G. Burrill, P.C.) for Mattie Music Group and Hadley Murrell.
Companies: Mattie Music Group dba Golden Withers Music; Musidex Music; WB Music Corp.; Hard Working Black Folks, Inc.; Top Dawg Music; Warner/Chappell Music, Inc.
News: Copyright CaliforniaNews