Robert A. Jacobs

As the leader of Manatt, Phelps & Phillips’ entertainment litigation group, Jacobs represents A-list talent and companies in defending and pursuing their rights in cases involving copyright, contract, fraud, royalty actions, idea theft and other areas of intellectual property law.

Clients include EMI April Music Inc., Kendrick Lamar, SZA, UMG Recordings Inc., Top Dawg Entertainment LLS, Interscope Records, Freenjoy Inc., Tracy Chapman, Tams-Witmark Music Library Inc., will.i.am, BMG Rights Management (US) LLC, Universal Music Publishing Group, Warner Music Group Corp., Atlantic Recording Crop., Rhino Entertainment Co., the Otis Redding Estate and others.

In a new case, Jacobs is defending EMI April Music Inc. in a suit filed by musician Kanye West regarding the publishing contract between the parties. Please Gimme My Publishing Inc. v. EMI April Music Inc., 19STCV02598 (L.A. Super. Ct., filed Jan. 25, 2019).

Jacobs represents songwriter and recording artist Tracy Chapman in her suit against rapper Nicki Minaj. This lawsuit alleges Minaj’s recording “Sorry” includes unauthorized use of Chapman’s 1998 musical composition “Baby Can I Hold You.” The suit was filed late last year. Jacobs said discovery has yet to get under way.

“This has the potential to be a significant and widely-publicized piece of litigation between two iconic, powerhouse performers in the music industry,” he said. Chapman v. Maraj, 18-CV09088 (C.D. Cal., filed Oct. 22, 2018).

Some of his matters catch the zeitgeist, as when artist Lina Iris Viktor last year sued rapper Kendrick Lamar and Top Dawg Entertainment, alleging her black-and-gold “Constellations” paintings were used without permission in Lamar’s music video for “All the Stars,” a song featured in the film “Black Panther.”

“It was a high visibility case from the start,” Jacobs said. “Kendrick Lamar was just coming off ‘Black Panther,’ and when his music video came out, it was prime time for what was happening culturally.”

Jacobs said the painter’s allegations were interesting legally.

“A song might contain a snippet or a sample of another work, but here the claim was about the use of artwork in the background,” Jacobs said. “The burden is on the plaintiff to demonstrate a causal connection between the use of the artwork and a buyer’s decision to purchase the soundtrack. And that’s a hard row to hoe.”

Jacobs said his efforts to demonstrate the difficulties Viktor would have in court led to a favorable settlement in late 2018. Viktor v. Top Dawg Entertainment LLC, 18-CV01554 (C.D. Cal., filed Feb. 20, 2018).

“I feel fortunate to work with my excellent team here and with my excellent clients,” Jacobs said. “The work is fun, challenging and exciting.”

— John Roemer