Kanye West Moves to Dismiss ‘Life of the Party’ Infringement Suit

Kanye West Moves to Dismiss ‘Life of the Party’ Infringement Suit

Kanye West (identified additionally as Ye) has moved to dismiss a copyright infringement lawsuit filed over the allegedly unauthorized use of Boogie Down Productions’ “South Bronx” (1987) in 2021’s “Lifetime of the Occasion.”

West (represented within the case by New York Metropolis-based Marashi Authorized) and his counsel only recently submitted the movement to dismiss in addition to a corresponding memorandum, with an organization referred to as Section One Community having filed the infringement motion in November of 2022.

Briefly, Section One mentioned within the preliminary grievance that it owned the recording and composition of “South Bronx,” which Kanye West (who’s named as a defendant alongside his G.O.O.D. Music label, Stemplayer, LTD, and others) had allegedly tried to pattern within the aforementioned “Lifetime of the Occasion.”

However after a July of 2021 “formal licensing request” and associated talks did not convey in regards to the desired end result for the defendants, mentioned request was retracted in November of the identical 12 months, in line with the memorandum. Subsequently, the seemingly minor pattern of “South Bronx” – referring partly to “’horn hits’” and a “’drum fill,’” per the memorandum’s abstract of the motion – was faraway from the eventual official launch of “Lifetime of the Occasion.”

Earlier than then, nonetheless, amid a since-resolved feud between Drake and West, the Canadian rapper is alleged to have leaked the unique model of “Lifetime of the Occasion,” alleged “South Bronx” pattern and all.

“Whereas the Grievance doesn’t allege Ye Defendants launched the infringing observe themselves,” the newly filed memorandum summarizes, “it alleges that Ye Defendants took pre-orders for the Stem Participant with the intent to distribute the infringing observe, and deliberately orchestrated Drake’s leaking of the observe so as to present entry for unidentified third celebration ‘social media influencers’ ads.”

Again to the precise arguments behind the Donda artist’s movement to dismiss the “convoluted” grievance, the authorized textual content claims off the bat that the plaintiff lacks unique possession of – and the best to sue over alleged infringement involving – “South Bronx.”

In assist of the place, the doc underscores that one of many two authentic members (and a “South Bronx” creator) of Boogie Down Productions, KRS-One, beforehand mentioned on movie, “I give to all MCs my whole catalog. You’ll not get sued should you pattern a KRS-One report or do an interpolation of my lyrics. Something. My whole catalog is open to the general public.”

“Section One due to this fact bears the burden of presenting proof of its correct possession,” the submitting states, “in distinction to KRS-One’s dedication of the copyrights to the general public at massive. Failing to take action, Section One’s grievance must be dismissed with prejudice.”

Elsewhere within the multifaceted movement to dismiss is an argument that the usage of “South Bronx” (exterior the official launch of “Lifetime of the Occasion”) constitutes honest use – a stance that the defendants say is supported by the court docket’s findings within the infringement battle waged between Tracy Chapman and Nicki Minaj.

“In sum, Ye Defendant’s use of South Bronx whereas creating the observe and experimenting with it- with the intent to contact the license holder for approval, as proof by such act, is undoubtedly honest use,” the submitting relays.

“To seek out in any other case, courts can be inundated with circumstances the place potential copyright customers petition the Court docket for declaratory judgment on a person foundation any time a licensing settlement was not reached,” the doc reads.

Additionally explored within the dismissal movement is the infringement declare’s alleged lack of specificity (“Plaintiff doesn’t specify what part, which chords, what share, and the way ceaselessly the alleged infringement seems”) and the alleged must dismiss with prejudice the willful infringement claims particularly.

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