1:24-cv-06039 (S.D.N.Y. 2024)
Complaining Work |
Defending Work |
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The GRC Trust “Samir’s Theme”
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Pitbull and Paul Edward Blair (“DJ White Shadow”) “I Feel Good” |
Comment by Charles Cronin
This case was dismissed on August 29, 2025, after the parties “reached a settlement in principle.” Regrettably, “settlement” typically involves a defendant conceding payment to a plaintiff, likely a fraction of the amount sought, but enough to get rid of an annoying, spurious, and opportunistic allegations.
The claims of musical similarity made in the complaint are laughably shallow. The plaintiff avers defendant’s work has a (randomly sounded) brief two- or three-note descending motive (of no melodic significance whatever) as heard also in plaintiff’s work and, tellingly (!), shares approximately the same tempo as that heard in the plaintiff’s recording. And not to be overlooked! – both works feature an “ostinato” which, the complaint informs us “…is the Italian musical term for a rhythmic phrase that repeats over and over again.” (“Ostinato” is simply an Italian word for “stubborn” and applied to music indicates a repeating rhythmic and/or melodic phrase.)
In fact, none of the musical ideas offered by the plaintiff as evidence of infringement amount to copyrightable expression. As in the benighted Blurred Lines decision, this plaintiff’s complaint builds a fragile case for infringement based on a “constellation” of alleged similarities of non-protectable musical elements.
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Complaint: PDF
First Amended Complaint: PDF
Defendants’ (The Orchard and Mr. 305, Inc.) Answer to First Amended Complaint: PDF
Defendant’s (Paul Edward Blair) Answer to First Amended Complaint: PDF
Order of Dismissal After Parties Reached a Settlement in Principle: PDF