22-cv-04236 (N.D. Ga. 2022)
Complaining Work |
Defending Work |
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Yolanda Patrick “I Do What I Want”
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April Louise Poree
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Comment by Shalom Samuels
A loss for frivolous lawsuits, the “infringing” Defendant won this case without appearing in the matter or (possibly) knowing of its existence. The Plaintiff filed a lawsuit based on a Copyright Registration Form that did not list her as an author, but did list the Defendant as one, something the Court obviously recognized without any need for the Defendant’s input.
Yolanda Patrick sued Atlanta-based rapper April Poree, professionally known as “Bozz Lay’Dee” for Poree’s use of Patrick’s song. Patrick alleged that she owned the song “I Do What I Want” and that Poree has been performing the song without permission.
Judge Victoria Marie Calvert dismissed the case for failure to state a claim, because Patrick had failed to show that she was an author of “I Do What I Want.” The Copyright Registration Form listed Poree and Patrick’s husband on as the authors of the work, and only listed Patrick under the Rights and Permissions section. Patrick’s name under this section did not plausibly allege that she was the author of the work, because the section is optional, and one can file a copyright registration form without it.
Judge Calvert also found that the affidavits of Mr. and Ms. Patrick alleging an exclusive license granted by Ms. Poree to Ms. Patrick were insufficient to prove the existence of such a license. First, an exclusive license for copyright must be in writing and both parties did not proffer any written agreement. Also, Mr. Patrick could not have unilaterally granted Ms. Patrick an exclusive license, as one joint author cannot grant an exclusive license without the consent of the other joint authors.
Ms. Poree did not appear in this action. Ms. Patrick moved for default in this matter, and in response Judge Culvert issued an Order to Show Cause, directing Ms. Patrick to show how her case states a claim. Finding that it did not, Judge Culvert dismissed the case.
Complaint: PDF
Copyright Office Registration: PDF
Opinion Denying Motion for Default: PDF
Opinion Dismissing Case: PDF