Cameo Clips

Recording Agreements/ Interference Claims

Evidence established independently wrongful acts on the part of Death Row Records to support a jury finding of interference with prospective economic advantage by recording the rapper Kurupt when he was already signed to exclusive management, recording and publishing contracts with the plaintiffs, the Court of Appeal of California, Second Appellate District, decided. Brumfield v. Death Row Records Inc., B149651. In its unpublished opinion, the court of appeal noted, among other things, that “Death Row induced Kurupt to execute written contracts with [the defendants], depriving [plaintiffs Lamont and Kenneth Brumfield] of their contractual rights with Kurupt.” The jury had also found the defendants liable for false promise to pay the Brumfields some compensation and for interference with contract. The court of appeal upheld both of these findings. The court went on to rule that Kurupt, but not Death Row, had standing to bring a petition before the state Labor Commissioner alleging that Kurupt's contracts with the Brumfields allegedly violated the California Talent Agencies Act.

Copyrightability/Phrases

Common spoken Cajun phrases included in sound recordings in a play-back device created by the plaintiff weren't subject to copyright protection, the U.S. Court of Appeals for the Fifth Circuit held in an unpublished opinion. Emanation Inc. v. Zomba Recording Inc., 02-30992. Thus, the phrases “We gon pass a good time, yeah, cher” and “You gotta suck da head on dem der crawfish” could be included in the rap song “Shake Ya Ass” by Mystikal without copyright liability. The district court had granted summary judgment to the defendants. Affirming, the appeals court concluded that “no reasonable juror could conclude that [the first phrase] should be afforded copyright protection as an 'original' work simply because [the plaintiff] added the word 'yeah' between two common phrases and recorded the saying in typical Cajun dialect. We likewise hold that, with respect to the phrase 'you gotta suck da head on dat der crawfish,' no reasonable juror could conclude that this saying should be afforded copyright protection as an 'original' work simply because [the plaintiff] made minor alterations to admittedly common phrases, such as 'you gotta suck the head.'”

Right of Publicity/ CD Packaging

Sony Music's packaging of CDs of Harold Melvin & the Blue Notes violated the statutory and common law publicity rights of a member of the music group, a magistrate for the Manhattan federal court concluded. Cummings v. Sony Music, 01-4375. The magistrate based his ruling on the law of Florida, where plaintiff Jerry Cummings resides. However, the magistrate found Cummings' claims barred for CDs released more than one year prior to filing of his suit, per the limitations period in N.Y. Civ. Rights Law Sec. 51, rather than Fla. Stat. Sec. 540.08's 4-year limitations period for right of publicity claims. (Cumming's likeness appeared on the cover of the three CDs remaining in the case as well as on the inside packaging of one.) Recommending that the district judge deny Sony Music's motion for judgment on the pleadings, the magistrate noted that although there is no evidence that the defendant used the plaintiff's photograph or other likeness in any advertisement for the music group's CDs, “nevertheless … the defendant made plaintiff the focus of the promotion of the CDs by 'prominently displaying' his likeness on the CD packages. … Thus, by placing plaintiff's likeness, without his permission, 'on merchandise marketed by' Sony, the defendant has publicly used plaintiff's photograph for commercial purposes.” The magistrate added that, “the First Amendment provides no right to use an individual's identity without his or her consent as a vehicle for the promotion of a commercial product, as plaintiff alleges Sony has done.”

Recording Agreements/ Interference Claims

Evidence established independently wrongful acts on the part of Death Row Records to support a jury finding of interference with prospective economic advantage by recording the rapper Kurupt when he was already signed to exclusive management, recording and publishing contracts with the plaintiffs, the Court of Appeal of California, Second Appellate District, decided. Brumfield v. Death Row Records Inc., B149651. In its unpublished opinion, the court of appeal noted, among other things, that “Death Row induced Kurupt to execute written contracts with [the defendants], depriving [plaintiffs Lamont and Kenneth Brumfield] of their contractual rights with Kurupt.” The jury had also found the defendants liable for false promise to pay the Brumfields some compensation and for interference with contract. The court of appeal upheld both of these findings. The court went on to rule that Kurupt, but not Death Row, had standing to bring a petition before the state Labor Commissioner alleging that Kurupt's contracts with the Brumfields allegedly violated the California Talent Agencies Act.

Copyrightability/Phrases

Common spoken Cajun phrases included in sound recordings in a play-back device created by the plaintiff weren't subject to copyright protection, the U.S. Court of Appeals for the Fifth Circuit held in an unpublished opinion. Emanation Inc. v. Zomba Recording Inc., 02-30992. Thus, the phrases “We gon pass a good time, yeah, cher” and “You gotta suck da head on dem der crawfish” could be included in the rap song “Shake Ya Ass” by Mystikal without copyright liability. The district court had granted summary judgment to the defendants. Affirming, the appeals court concluded that “no reasonable juror could conclude that [the first phrase] should be afforded copyright protection as an 'original' work simply because [the plaintiff] added the word 'yeah' between two common phrases and recorded the saying in typical Cajun dialect. We likewise hold that, with respect to the phrase 'you gotta suck da head on dat der crawfish,' no reasonable juror could conclude that this saying should be afforded copyright protection as an 'original' work simply because [the plaintiff] made minor alterations to admittedly common phrases, such as 'you gotta suck the head.'”

Right of Publicity/ CD Packaging

Sony Music's packaging of CDs of Harold Melvin & the Blue Notes violated the statutory and common law publicity rights of a member of the music group, a magistrate for the Manhattan federal court concluded. Cummings v. Sony Music, 01-4375. The magistrate based his ruling on the law of Florida, where plaintiff Jerry Cummings resides. However, the magistrate found Cummings' claims barred for CDs released more than one year prior to filing of his suit, per the limitations period in N.Y. Civ. Rights Law Sec. 51, rather than Fla. Stat. Sec. 540.08's 4-year limitations period for right of publicity claims. (Cumming's likeness appeared on the cover of the three CDs remaining in the case as well as on the inside packaging of one.) Recommending that the district judge deny Sony Music's motion for judgment on the pleadings, the magistrate noted that although there is no evidence that the defendant used the plaintiff's photograph or other likeness in any advertisement for the music group's CDs, “nevertheless … the defendant made plaintiff the focus of the promotion of the CDs by 'prominently displaying' his likeness on the CD packages. … Thus, by placing plaintiff's likeness, without his permission, 'on merchandise marketed by' Sony, the defendant has publicly used plaintiff's photograph for commercial purposes.” The magistrate added that, “the First Amendment provides no right to use an individual's identity without his or her consent as a vehicle for the promotion of a commercial product, as plaintiff alleges Sony has done.”