Music Copyrights, Access, Substantial Similarity, Song Lyrics, Motion to Dismiss
Peters v. Kanye West, 692 F.3d 629 (7th Circuit August 20, 2012). Vince P. gave song “Stronger” quoting
Nietzsche to Joe Monopoly. Monopoly
agreed to rep him if a label financed.
Deal fell through. Less than a
year later Kanye West comes out with megahit titled “Stronger” quoting
Nietzsche. Joe Monopoly is a producer on
the album. District court finds the
songs not similar, affirms the district court’s dismissal following a Rule
12(b)(6) motion to dismiss. Lyrics in
opinion, good discussion of access.
Purchase Copyright Litigation Handbook 2012-2013 by Raymond J. Dowd from West here
Friday, July 26, 2013
Copyright Law - Seventh Circuit: Does Kanye West Kill You or Make You Stronger?
Labels: access, copyright litigation, Fed.R.Civ.P. 12(b)(6), kanye west, motion to dismiss, music copyrights, nietzche, song lyrics, substantial similarity
Partner in law firm Dunnington Bartholow & Miller LLP in New York City litigating in federal and state courts and arbitrations. Experienced trial and appellate practitioner. Author: Copyright Litigation Handbook (Thomson Reuters 2018-2019). The New York Law Journal called it "an indispensable guide". Board of Directors of the Fordham Law Alumni Association, former General Counsel & Director Federal Bar Association, FBA Chair of the Circuit VPs, ViP for Second Circuit. Member Board of Governors, National Arts Club. President, Network of Bar Leaders (2013-2014). Attorney advertising disclaimer - prior results do not guarantee success. The statements and opinions voiced here are my own and not of my law firm.