<b>Decision of Note:</b> No Access Found In Song Suit Against Blige

The U.S. Court of Appeals for the Sixth Circuit affirmed summary judgment in favor of artist Mary J. Blige and her record label, music publisher and song collaborator co-defendants in a copyright infringement suit over Blige's song “Family Affair.” Jones v. Blige, 07-1051.

Plaintiffs Leonard Jones and James E. White had sued over their song “Party Ain't Crunk.” In the spring of 2001, White sent a demo of the song to Andy McKaie, Senior VP of A&R for Universal Music Enterprises, which compiles product re-issues. Universal's new product division released “Family Affair” on Blige's No More Drama album in August 2001.

The appeals court decided that the plaintiffs failed to establish that the defendants had access to “Party Ain't Crunk.” The court explained: “Plaintiffs' assertions of a connection between McKaie and Defendants are entirely unsupported by the record. Plaintiffs claim that McKaie is a 'liason between the departments that release old and new material and he has to coordinate with the new release division on the creative end,' but they cite no support for this in the record. Also without citation or support, Plaintiffs claim that McKaie 'was in a position to provide
suggestions or comments to Blige and Young.' Plaintiffs point out that one of the songs on the No More Drama album contains a sample of a television theme-song, and they claim that the sample would have been cleared through McKaie's department and that he therefore 'knew about the 'No More Drama' project and was working on it.' This apparently is mere speculation, as the evidence Plaintiffs cite does not support their claim that the sample originated from McKaie's department or, if it had, that he would have known about it.

The Sixth Circuit also declined to accept the “bare corporate receipt” doctrine as a basis for proof of access. In addition, the appeals court explained that the time line demonstrated that “Family Affair” had been independently created. “Defendants have proved independent creation only of the music, and not the lyrics, of 'Family Affair',” the appeals court stated. “However, because Plaintiffs could not establish access, and because the lyrics of the two songs are not so 'striking[ly]' similar as to give rise to an inference of copying, ' the grant of summary judgment as to the lyrics was also proper.”

The U.S. Court of Appeals for the Sixth Circuit affirmed summary judgment in favor of artist Mary J. Blige and her record label, music publisher and song collaborator co-defendants in a copyright infringement suit over Blige's song “Family Affair.” Jones v. Blige, 07-1051.

Plaintiffs Leonard Jones and James E. White had sued over their song “Party Ain't Crunk.” In the spring of 2001, White sent a demo of the song to Andy McKaie, Senior VP of A&R for Universal Music Enterprises, which compiles product re-issues. Universal's new product division released “Family Affair” on Blige's No More Drama album in August 2001.

The appeals court decided that the plaintiffs failed to establish that the defendants had access to “Party Ain't Crunk.” The court explained: “Plaintiffs' assertions of a connection between McKaie and Defendants are entirely unsupported by the record. Plaintiffs claim that McKaie is a 'liason between the departments that release old and new material and he has to coordinate with the new release division on the creative end,' but they cite no support for this in the record. Also without citation or support, Plaintiffs claim that McKaie 'was in a position to provide
suggestions or comments to Blige and Young.' Plaintiffs point out that one of the songs on the No More Drama album contains a sample of a television theme-song, and they claim that the sample would have been cleared through McKaie's department and that he therefore 'knew about the 'No More Drama' project and was working on it.' This apparently is mere speculation, as the evidence Plaintiffs cite does not support their claim that the sample originated from McKaie's department or, if it had, that he would have known about it.

The Sixth Circuit also declined to accept the “bare corporate receipt” doctrine as a basis for proof of access. In addition, the appeals court explained that the time line demonstrated that “Family Affair” had been independently created. “Defendants have proved independent creation only of the music, and not the lyrics, of 'Family Affair',” the appeals court stated. “However, because Plaintiffs could not establish access, and because the lyrics of the two songs are not so 'striking[ly]' similar as to give rise to an inference of copying, ' the grant of summary judgment as to the lyrics was also proper.”