Fharmacy Opinion on Cross Motions for Summary Judgment
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION FHARMACY RECORDS a/k/a, FHARMACY RECORDS PRODUCTION CO., FHARM I PUBLISHING COMPANY, SHELTON RIVERS, Plaintiffs, v. Case Number 05-72126 Honorable David M. Lawson SALAAM NASSAR,CURTIS JACKSON, DARRIN DEAN, DEF JAM RECORDING, RUFF RYDERS, JANICE COMBS PUBLISHING, UNIVERSAL MUSIC PUBLISHING, UNIVERSAL MUSIC & VIDEO DISTRIBUTION CORPORATION, EMI APRIL, INC., SOO SOOS SWEET SWISHER MUSIC, JOHN DOE, ET AL., Defendants. ______________________________________ / OPINION AND ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT, GRANTING DEFENDANTS’ MOTION TO DISMISS, DENYING PLAINTIFFS’ MOTIONS FOR SUMMARY JUDGMENT, AND ADJUDICATING OTHER PENDING MOTIONS This is a copyright infringement action in which plaintiff Shelton Rivers claims to be the original author of a rhythm line – or “beat” – that was duplicated – that is, “sampled” – by defendant Salaam Nassar and incorporated into a rap tune, which enjoyed commercial success. Both Rivers and Nassar claim to be the original creator of the beat. However, the plaintiff’s sole remaining theory of liability is based on a claim of unlawful sampling under 17 U.S.C. § 114(b), which has not been established by the evidence before the Court regardless of which of the two is the original author. The parties have filed several motions, some of which raise disturbing allegations of misconduct by the plaintiffs and their attorney, Gregory Reed, Esq. The Court finds that the cross motions for summary judgment must be decided in favor of the defendants because the plaintiffs have not come forward with evidence that establishes that the accused work, a rap tune called “Shot Down,” contains a direct or indirect “recapture [of] the actual sounds fixed in the recording” Rivers said he made or a rearrangement of “the actual sounds fixed in [Rivers’s] sound recording.” Ibid.
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