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Chiding Destiny's Child
Highest Court N.D. Illinois
Year Ended 2009
Plaintiffs Songwriter(s)
Defendants Beyonc?
Blackwood Music
Columbia Records
Destiny's Child
Jerkins, Rodney "Darkchild"
McDonald's
Music Producer(s)
Music Publisher(s)
Songwriter(s)
Sony BMG Music Entertainment
Sony Music
Sony/ATV Music
Other No Other parties on file
Short Description Sometime in the early 1990s, Plaintiff wrote a song called "Cater 2 U," revolving around "the premise of a heterosexual monogamous relationship with interaction between the lovers in a private residential setting." In 2004, Destiny's Child released a song called "Cater 2 U," written and produced by various Defendants, including Rodney "Darkchild" Jerkins, and performed by the women of Destiny's Child. Plaintiff brought suit, alleging Defendants copied his song. He also sued his own personal manager for contract breach and fiduciary duties, alleging Defendants' access to his work was his manager's fault. The court denied both parties' motions for summary judgment at this stage. Because the facts must be interpreted in a light favorable to Plaintiff on Defendants' motion, the court held that Plaintiff had stated reasonable basis for Defendants' access to his work; he had given the song to a third person with professional relationships to key Defendants. Furthermore, the court found that a reasonable jury might, from the facts presented at this stage and interpreted in Plaintiff's favor, find that Defendants' song copied Plaintiffs' hook line or overall lyrics (but not the music, which wasn't similar), and that Defendants did not independently create their song. Furthermore, it is feasible that the industry Defendants will be vicariously liable. However, claims against Plaintiff's manager were disposed of. - LSW

Legal Issues
Business Associations Agency Fiduciary Duties
Contracts Breach Payment & Performance
Copyrights Infringement Inducement & Contributory/Vicarious Liability
    Reproduction & Distribution/Dissemination


Opinions Allen v. Destiny's Child
2009 WL 2178676
N.D. Illinois , July 21, 2009 ( No. 06 C 6606 )


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Related Searches Parties
Beyonc? ( Defendant )
Blackwood Music ( Defendant )
Columbia Records ( Defendant )
Destiny's Child ( Defendant )
Jerkins, Rodney "Darkchild" ( Defendant )
McDonald's ( Defendant )
Music Producer(s) ( Defendant )
Music Publisher(s) ( Defendant )
Songwriter(s) ( Defendant )
Songwriter(s) ( Plaintiff )
Sony BMG Music Entertainment ( Defendant )
Sony Music ( Defendant )
Sony/ATV Music ( Defendant )

Legal Issues
Business Associations / Agency / Fiduciary Duties
Contracts / Breach / Payment & Performance
Copyrights / Infringement / Inducement & Contributory/Vicarious Liability
Copyrights / Infringement / Reproduction & Distribution/Dissemination

Courts
N.D. Illinois (highest court)


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