23 SMCV 00351 (California Superior Court, Los Angeles County)
Complaining Work |
Defending Work |
|
Rick Astley “Never Gonna Give You Up”
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Yung Gravy “Betty (Get Money)” |
Comment by Charles Cronin
If only Defendant had not sought Plaintiff’s permission to insert a brief clip of the Plaintiff’s recording in his “Betty” song, this dispute might never have occurred. By requesting permission (which was denied) Defendant unintentionally incited Plaintiff — likely on the brink of being washed up as a performer — to pursue a financial payoff from the Defendant. Doing so involved extravagantly speculative allegations in California state court of right of publicity violation, unfair competition, etc., rather than a claim in federal court of copyright infringement — not possible because Plaintiff held no copyright interest in the musical work in question.
The complaint rambles on about the distinctiveness of the Plaintiff’s voice that Defendant could only imitate with “immense amount of talent and skill.” In fact, Rick Astley’s voice is not at all idiosyncratic. Sadly, but as all too frequently, the case, the matter settled some months after the complaint was filed.
Complaint: PDF