October 21, 2015

Plaintiffs In Sampling Case Fail To Sufficiently Plead Their Standing

Kelley v. The Universal Music Group, No. 14-cv-2968 (S.D.N.Y. filed 10/19/15).

In a case alleging that a song by the artist "Fabulous" infringed plaintiffs' 1974 song by including an unauthorized sample, the Court dismissed the pro se plaintiffs' copyright claim without prejudice to amend based on their lack of standing. The Court found that a copyright registration listing the plaintiffs as authors but not claimants rebutted their claim; but, that plaintiffs could replead to allege that they have standing as "beneficial owners" (i.e. a right to collect royalties), which was not sufficiently pleaded. The other state-law claims for violation of "poetic license " and "fraudulent deceit" were held to be preempted by the copyright act, and the mental anguish claim was not a remedy authorized by the statute.