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Entertainment Law
Copyright Infringement
Music Royalty

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

Consuelo B. Marshall

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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