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Music Published On Internet Ruled 'U.S. Work'
A Finnish record company's claim that pop music producer Timbaland and pop star Nelly Furtado plagiarized its music was thrown out of court by a Miami, FL, federal magistrate in the Southern District of Florida. The magistrate, Judge Edwin Torres, threw out Kernal Records Oy's claim that its song, 'Acid Jazzed Evening' (AJE), was the basis for 'Do It' on Furtado's hugely popular 2006 album Loose. Torres approved a motion for summary judgment by Miami-based Timbaland (real name Timothy Mosley) and Furtado, and refused to allow the Finnish group to amend its complaint. Kernal Records Oy v. Mosley, 09-21597.
Kernal Records Oy sought $10 million to $20 million in damages on one of the hottest-selling albums of the decade. In 2009, the company sued in South Florida, where the album was produced by Timbaland at the Hit Factory studio in North Miami. The copyright infringement claim was that a Norwegian musician who sold his music to Kernal wrote and recorded a song that was plagiarized by Furtado.
The case centered on whether the European tracks were first published on the Internet or in Europe. 'We thought from the beginning that this issue was an important one. But the other side was trying to get away from the plain language of the Copyright Act,' says Karen Stetson, a partner out of the Miami office of GrayRobinson who represents Timbaland.
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