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Fifth Circuit Rules in Battle Over Rap Phrase
As often happens in the hip-hop world, two rappers became embroiled in a dispute over who owned the rights to a song that utilized a popular phrase. And it took the musical ear of the U.S. Circuit Court of Appeals for the Fifth Circuit to settle the matter.
Positive Black Talk Inc v. Cash Money Records Inc., 03-30625, plunged the conservative appellate court into the world of booming bass lines and popular street slang. Chief Judge Carolyn Dineen King, who wrote the opinion, boiled the case down to a dispute between Louisiana rappers Juvenile and D.J. Jubilee over who owned the rights to a song “that included the poetic four-word phrase 'back that ass up.'”
In its Jan. 13 opinion, the Fifth Circuit set out the following facts: In 1997, both rappers recorded songs with similar titles ' D.J. Jubilee, also known as Jerome Temple, recorded “Back That Ass Up,” while Juvenile, also known as Terius Gray, recorded “Back That Azz Up.” Juvenile's song was a hit, sold more than 4 million CDs and grossed more than $40 million in sales. However, D.J. Jubilee's song failed to elevate either his bank account or his profile. D.J. Jubilee continues to work as a special education teacher.
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