Minder Music Ltd. v. Interscope Records Inc., Aftermath Entertainment, Universal Music & Video Distribution Inc., Andre Young, et al.
Published: May 28, 2003 | Result Date: May 5, 2003 | Filing Date: Jan. 1, 1900 |Case number: CV0008194CBM Verdict – $1,526,780
Judge
Court
USDC Central
Attorneys
Plaintiff
Alan G. Dowling
(Alan G. Dowling APC)
Defendant
Howard E. King
(King, Holmes, Paterno & Soriano LLP)
Kimberly L. Buffington
(Pillsbury, Winthrop, Shaw & Pittman LLP)
Experts
Plaintiff
Gerald Eskelin
(technical)
Peter Oxendale
(technical)
Defendant
Earl V. Spielman
(technical)
Facts
The musical composition "Let's Get High" was co-authored by Dr. Dre (Young), Eminem (Mathers), Hittman (Bailey), Ms. Roq (Weaver) and Kurupt (Brown) in 1999 and recorded and released as a selection on the album Dr. Dre 2001, commencing November 1999, on Interscope/Aftermath label, distributed by Universal Music and Video Distribution. (Also included as part of the soundtrack of a feature length video of "The Up in Smole Tour," released commencing in late 2000.) "Let's Get High" is a bass and drums rap song with its bass copied from the 1989 Fatback hit "Backstrokin," composed by Bill Curtis and Johnny Flippin, copyright owned since 1990 by plaintiff Minder Music Ltd.
Settlement Discussions
The plaintiff demanded $800,000; the defendant initially offered $200,000 but subsequently increased this to $250,000. A March 2002 mediation was unsuccessful.
Damages
Damages for copyright infringement in the form of wrongfully-obtained profits of the defendantts (plus requests for attorneys' fees as the prevailing party, and ancillary relief, i.e. an injunction).
Result
Jury verdict in favor of the plaintiff against all corporate and individual (non-music publisher) defendants as direct infringers, and against all music publisher defendants as vicarious infringers.
Other Information
The plaintiff anticipates filing post-trial motions for attorneys' fees as the prevailing party and for ancillary prohibitory and mandatory injunctive and other relief.
Deliberation
six days
Poll
Liability (direct, vicarious, contributory); affirmative defenses of lack of originality of infringed work, trivial extent of copying of same; accounting and computation of album revenues and expenses; apportionmnet to single selection from album; contribution of infringed work to infringing work (%); allocation of damages among defendants; willfulness of infringement
Length
seven days
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