A copyright infringement lawsuit filed against rapper Megan Thee Stallion, Warner Music Group and others over her hit song Savage has been dismissed by a New York federal court.
The case, brought by hip-hop producer James Greene, alleged that Savage lifted elements from his 1999 instrumental track It’s About to Be On.
Greene claimed he sent CDs containing his music to industry figures in the early 2000s, including a mentor of Savage producer J. White Did It.
However, US District Judge Katherine Polk Failla granted Megan Thee Stallion and other defendants’ motion to dismiss the case in entirety, law firm Pryor Cashman, which represented the defendants, said in a press release last week (June 18).
The judge ruled that Greene failed to provide enough evidence that the defendants had access to Greene’s work.
“Judge Failla listened to the works at issue, and, upon her review, found ‘that Plaintiff cannot establish that his Work was similar to Savage under either [the substantial similarity or striking similarity] standard, thereby providing an independent ground for dismissal.’”
Pryor Cashman
Even if Greene had established access, the judge found insufficient similarity between the two songs, the law firm said.
“Judge Failla listened to the works at issue, and, upon her review, found ‘that Plaintiff cannot establish that his Work was similar to Savage under either [the substantial similarity or striking similarity] standard, thereby providing an independent ground for dismissal.’ She concluded ‘that any appeal from’ her dismissal ‘would not be taken in good faith,’” Pryor Cashman said.
Digital Music News reported, citing the judge’s ruling, that while both tracks share a similar time signature and rhythmic sequence, these elements are not protected by copyright. Additionally, the use of “siren sounds and piano instrumentation,” while present in both songs, was deemed “qualitatively distinct” by the court.
“Despite this cursory and unprotectable structural similarity,” Judge Failla wrote, “the substance of the two drum patterns is qualitatively different, and would preclude an ordinary listener from finding substantial similarity.”
The case’s dismissal comes amid a wave of similar music copyright lawsuits filed against artists in recent months. Earlier this month, Latin music artist Feid was hit with a lawsuit for alleged infringement on his 2022 hit Ferxxo 100 and two other songs.
Meanwhile, a copyright infringement case filed against Ed Sheeran over his hit track Thinking Out Loud continues in New York as the plaintiff in one of two cases over the song appealed a previous ruling.
Earlier this year, a New York court dismissed a copyright lawsuit filed by singer-songwriter Greg Perry against Roddy Ricch over his 2019 megahit The Box after a jury couldn’t find substantial similarities between that song and Perry’s 1975 R&B track Come On Down.
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